In the event that an individual fails to properly execute an estate plan with a financial durable power of attorney or a health care power of attorney and they become incapacitated during their lifetime, a conservatorship or guardianship is a method by which a Probate Court determines who shall be appointed to make financial and healthcare decisions on behalf of another person. At Kirby Law, LLC, we have over 25 years of experience in helping people in these difficult situations. We work with families and friends who are concerned about vulnerable seniors or children in need and who want to accept the legal authority, which would allow them to make important decisions about the healthcare or finances of a loved one or friend.
Depending on the needs of the individual, the responsibilities of the guardian to make health care decisions will vary from case to case. The probate court will determine the proper scope of guardianship, which can be very broad. For example, a guardianship can include determining where a person will live or what medical treatment they will receive.
A conservatorship is more limited in scope. A conservatorship allows a person to make financial decisions on behalf of an incapacitated adult or minor. A probate court will grant a conservatorship in a variety of cases, such as when a person is no longer able to handle their own affairs or if a minor receives assets in excess of $10,000 by way of inheritance or a personal injury settlement. As with a guardianship, the probate court will determine the scope of the conservatorship.
Ms. Kirby has worked with clients looking to obtain either a guardianship or a conservatorship over someone in need. Her compassion and dedication to her clients ensures that the legal ramifications of these steps are taken into account as well as preparing her clients for the roles that they will serve if appointed by the Probate Court.
Ms. Kirby also serves as a guardian and conservator for individuals that have no one to serve in these roles. The probate courts all over South Carolina have appointed Ms. Kirby in these roles as a trusted legal representative for those in need.
If you find the need for a guardianship or conservatorship for a loved one, please contact us at Kirby Law, LLC, today. With locations statewide, we are available to work with our clients wherever they need us throughout the state. With technology, we can assist out of state clients as well.