South Carolina Guardianship Laws: Adults, Minors and Conservators

In South Carolina, guardianship of an adult is a probate court proceeding under Article 5 of the Probate Code, and the court may appoint a guardian "if clear and convincing evidence shows that the individual is incapacitated and the appointment of a guardian is necessary to provide continuing care and supervision of the incapacitated individual" (S.C. Code Ann. § 62-5-304(B)). A guardian makes personal decisions for the "ward," while a conservator, appointed through a "protective order," manages the "protected person's" property (§ 62-5-101).

South Carolina splits the subject between two courts. Guardianship of a child is not a probate matter: the family court hears "actions concerning control of the person of a minor, including guardianship of the minor" (§ 63-3-530(A)(45)), and the Probate Code says the probate court has no jurisdiction over the care, custody and control of a minor, other than one narrow petition for a teenager about to turn 18 (§ 62-5-201). The probate court does handle a minor's property. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Carolina state law on adult guardianship and conservatorship in Probate Code Article 5 (S.C. Code Ann. § 62-5-101 et seq.), the family court's jurisdiction over guardianship of minors, a parent's disposition of custody by will or deed, the military deployment power of attorney, and the statutory alternatives to guardianship. It does not cover custody disputes between parents (see South Carolina child custody laws), grandparent visitation (see South Carolina grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see South Carolina probate), Department of Social Services child-protection cases, which are a separate track, or civil commitment and mental-health holds.

South Carolina guardianship terms and where the law lives

Probate Code Article 5 holds the general provisions (Part 1), adult guardianship (Part 3), conservatorship and protective proceedings (Part 4) and the interstate act (Part 7). The General Assembly reorganized the article by 2017 Act No. 87, effective January 1, 2019, and rewrote parts of it again by 2024 Act No. 200, effective May 21, 2024.

The article's definition of incapacity applies to both guardianship and protective orders:

"Incapacity" means the inability to effectively receive, evaluate, and respond to information or make or communicate decisions such that a person, even with appropriate, reasonably available support and assistance cannot: (a) meet the essential requirements for his physical health, safety, or self-care, necessitating the need for a guardian; or (b) manage his property or financial affairs or provide for his support or for the support of his legal dependents, necessitating the need for a protective order.

S.C. Code Ann. § 62-5-101

The same section defines a "less restrictive alternative" as "the provision of support and assistance as defined in this section which maximizes the alleged incapacitated individual's capacity for self-determination and autonomy in lieu of a guardianship or conservatorship," and "supports and assistance" include powers of attorney, trusts, representative payees, accommodations and technology (§ 62-5-101).

Guardianship of a child in South Carolina: the family court

A relative seeking guardianship of a child (a grandchild, niece or nephew) in South Carolina goes to the family court, not the probate court. Section 63-3-530(A)(45) gives the family court jurisdiction "to hear and determine actions concerning control of the person of a minor, including guardianship of the minor." The Probate Code confirms the line from the other side:

Other than the proceeding set forth in Section 62-5-303(C), the court does not have jurisdiction over the care, custody, and control of the person of a minor

S.C. Code Ann. § 62-5-201

The exception is a petition, added by 2023 Act No. 10 (effective May 8, 2023), that lets a guardianship case for an adult be started in probate court for a minor within 180 days of turning 18 (§ 62-5-303(C)). The probate court does keep jurisdiction over a minor's property (§ 62-5-201).

The family court's standard and procedure for guardianship of a minor are not set out in the Probate Code. Our pages on South Carolina child custody laws and South Carolina grandparents' rights cover related family court actions.

Parents as natural guardians. "The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children" (§ 63-5-30).

Medical care for a minor without a parent's consent. Section 63-5-350 allows health services "of any kind" to be rendered to minors of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, the services are deemed necessary, "unless such involves an operation which shall be performed only if such is essential to the health or life of such child in the opinion of the performing physician and a consultant physician if one is available."

A child's money and property

A conservator or protective order may be sought for a minor's property in probate court (§ 62-5-402(A)). The settlement of a claim over $25,000 for a minor must go through the statute's procedure:

The settlement of a claim over twenty-five thousand dollars in favor of or against a minor or incapacitated individual for the payment of money or the possession of personal property must be effected on his behalf in the following manner

S.C. Code Ann. § 62-5-433(B)

That procedure requires court approval and payment through a conservator or protective order (§ 62-5-433(B)). A claim of $2,500 or less may be settled by the parent or guardian without court approval and without a conservator (§ 62-5-433(D)), and a claim of $25,000 or less may be settled in the ways § 62-5-433(C) lists.

Smaller sums can reach a child without a conservatorship. A person who owes money or personal property to a minor, and does not know that a conservator has been appointed or that an appointment is pending, may pay up to a net $15,000 a year to the person with care and custody of the child with whom the child lives, to the child's guardian, or into a federally insured savings account in the child's sole name or under the Uniform Transfers to Minors Act. Recipients other than the financial institution serve as fiduciaries and must apply the money for the child's benefit, and if the yearly amount exceeds $15,000 a protective proceeding is required (§ 62-5-103).

Can a parent name a guardian in a will in South Carolina?

South Carolina's provision is older and differently worded than most states'. Section 21-21-25 lets a parent dispose of a child's custody:

may by deed executed and recorded according to law or by last will and testament, made and probated according to law, dispose of the custody and tuition of the child while he remains under the age of twenty-one years to any other person, in possession or remainder. No deed is valid unless signed by both father and mother, if both are living and no such deed, except a deed to an agency or department of this State authorized by law to receive or place the custody of children, is effective unless approved upon petition by a family court or family court judge of this State.

S.C. Code Ann. § 21-21-25

The power belongs to a surviving parent, or to either parent if the other has died, and it reaches an unmarried child. A deed needs both parents' signatures while both live and family court approval (unless it runs to an authorized state agency), and the family court may still reassign custody in the child's best interest (§ 21-21-25). The section's text says "under the age of twenty-one years," but a separate statute provides that references to minors in South Carolina law mean persons under 18, except in laws on the sale of alcoholic beverages (§ 15-1-320(a)), and Article 5 treats a person 18 or older as an adult (§ 62-5-101). This disposition of custody is not a standby guardianship. The rules for making a valid will are on our South Carolina wills and trusts page.

For an incapacitated adult, a parent or spouse may nominate a guardian by will. The nominee gains priority for appointment as guardian and for health care decisions when the will is probated; a parent's nomination does so only if, before the will is probated, both parents have died or the surviving parent has been adjudged incapacitated, and an effective nomination by a spouse has priority over a parent's (§§ 62-5-301, 62-5-308, 44-66-30).

Letting a relative care for a child without going to court

South Carolina's custody statutes give a relative caregiver few options outside court. The Probate Code (Article 5), articles 1 and 3 of Children's Code chapter 5 and article 5 of chapter 15 (deployment custody), and Title 21 chapter 21 contain no general power of attorney delegating parental powers for a fixed period and no standby guardianship. The one delegation they provide is for military deployment:

If no other parent possesses custodial responsibility under the law of this State, other than this article, or if an existing court order prohibits contact between the child and the other parent, a deploying parent, by power of attorney, may delegate all or part of his or her custodial responsibility to an adult nonparent for the period of deployment. The power of attorney is revocable by the deploying parent through a revocation of the power of attorney signed by the deploying parent.

S.C. Code Ann. § 63-15-520

The power of attorney must be filed with any court that has an existing custody or support order concerning the child (§ 63-15-522). For school, a child who lives with an adult resident of a school district because of a parent's or legal guardian's death, serious illness or incarceration, relinquishment of complete control, abuse or neglect, physical or mental inability to provide adequate care, homelessness, or military deployment or call to active duty more than 70 miles away for more than 60 days may attend that district's schools (S.C. Code Ann. § 59-63-31(A)(1)(c)). The district must require the adult to sign an affidavit confirming the qualifying reason, attesting that residency is not primarily about attending a particular school, and accepting responsibility for the child's educational decisions; a wilfully and knowingly false affidavit is a misdemeanor punishable by a fine of up to $200 or up to 30 days in jail, plus repayment of the district's cost of educating the child (§ 59-63-32(B), (E)). The affidavit covers school enrollment and educational decisions only; it is not custody or guardianship.

How to become guardian of an adult in South Carolina

The petition

A person seeking a finding of incapacity or the appointment of a guardian files a summons and petition in probate court. The petition names the respondent and the co-respondents (including the spouse and adult children, agents under powers of attorney, persons with equal or higher priority to serve, and caregivers) and the proposed guardian with the basis of that person's priority (§ 62-5-303). It must also state:

(6) reasons why a guardianship is necessary, including why less restrictive alternatives are not available or appropriate, and a brief description of the nature and extent of the alleged incapacity; (7) a statement of any rights that a petitioner is requesting be removed from the alleged incapacitated individual, any restrictions to be placed on the alleged incapacitated individual, and any restrictions sought to be imposed on the guardian's powers and duties

S.C. Code Ann. § 62-5-303(B)(6), (7)

Service and the right to counsel

The respondent is served with the summons, the petition and a notice of the right to counsel as soon as reasonably possible, and the court may dismiss the case if service is not made within 120 days of filing (§ 62-5-303A). The notice must advise the respondent of the right to counsel of the respondent's choice and must state that the court appoints counsel if it has not received a notice of appearance by counsel the respondent selected within fifteen days from the filing of proof of service (§ 62-5-303A).

The court's duties then run on a clock:

the court shall: (1) upon the expiration of fifteen days from filing the proof of service on the alleged incapacitated individual, if no notice of appearance has been filed by counsel retained by the alleged incapacitated individual, appoint counsel; (2) no later than thirty days from the filing of the proof of service on the alleged incapacitated individual, appoint: (a) a guardian ad litem ... and (b) one examiner

S.C. Code Ann. § 62-5-303B(A)

In appointing counsel, the court must consider the respondent's expressed preferences, and counsel represents the respondent's expressed wishes (§§ 62-5-303A, 62-5-101). Counsel may move to be relieved if the respondent cannot communicate (§ 62-5-303B(C)).

The guardian ad litem and the examiner

The guardian ad litem may be a licensed lawyer, social worker, nurse, physician or psychologist, or a person the court has trained. The guardian ad litem must meet the respondent within 30 days of appointment and investigate, including less restrictive alternatives and the proposed guardian's criminal background, "filing a written report with recommendations no later than seventy-two hours prior to the hearing, unless excused or required earlier by the court" (§§ 62-5-106(A)(2), 62-5-303D).

The examiner is a physician or nurse practitioner or, in the court's discretion, a physician assistant or psychologist (§ 62-5-101). The examiner files a notarized report, and "the original report must be filed with the court by the court's deadline, but not less than forty-eight hours prior to any hearing in which the report is introduced as evidence" (§ 62-5-303D(A)). The report may rely on an examination done within 90 days before the petition was filed. The 2024 act added telemedicine examinations and the nurse practitioner, physician assistant and psychologist examiners (§ 62-5-303D).

The hearing and the burden of proof

"The alleged incapacitated individual is entitled to be present at the hearing, to conduct discovery, and to review all evidence bearing upon his condition. The hearing may be closed at the request of the alleged incapacitated individual or his guardian ad litem" (§ 62-5-303C(A)). The statute also allows the case to proceed without a hearing, or on a temporary consent order, when no party requests a hearing and the guardian ad litem's report indicates that a hearing would not further justice (§ 62-5-303C(C), (D)).

The court may appoint a guardian only if clear and convincing evidence shows both that the person is incapacitated and that a guardian is necessary to provide continuing care and supervision (§ 62-5-304(B)).

Limited guardianship and the least restrictive approach

The court must "encourage maximum self-reliance and independence" and issue orders only to the extent the person's incapacity requires (§ 62-5-304(A)). It may limit a guardian's powers and create a limited guardianship:

The court, on its own motion or on the petition or motion of the incapacitated individual or other interested person, may limit the powers of a guardian and create a limited guardianship.

S.C. Code Ann. § 62-5-304(D)

Appointing a guardian ends an agent's powers under a power of attorney within the scope of the guardianship, unless the order provides otherwise (§ 62-5-304(E)).

Who serves as guardian

Section 62-5-308(A) sets the order of priority among persons otherwise qualified: an existing guardian; a person the respondent nominated, if the respondent "has sufficient mental capacity to make a reasoned choice"; an agent under a power of attorney; the spouse or the spouse's testamentary nominee; an adult child; a parent or the parent's testamentary nominee; the nearest kin; the person the respondent lives with; a nominee of a health care facility; and any other suitable person. The order is not mechanical: "The court, acting in the best interest of the alleged incapacitated individual, may decline to appoint a person having higher priority and appoint a person having lesser priority or no priority" (§ 62-5-308). A probate judge or court employee may not serve as guardian except for a family member (§ 62-5-308).

What a South Carolina guardian can decide, and the rights the ward keeps

The order itself defines the guardianship:

The court shall set forth the rights and powers removed from the ward. To the extent rights are not removed, they are retained by the ward. Such rights and powers include the rights and powers to: (1) marry or divorce; (2) reside in a place of the ward's choosing ... (9) vote

S.C. Code Ann. § 62-5-304A(A)

The full list in § 62-5-304A also covers travel, medical and end-of-life decisions, driving, working, entering contracts, managing property and suing. "The attorney-client privilege between the ward and the ward's counsel must not be removed by the appointment of a guardian" (§ 62-5-304A(D)). The powers a court may give a guardian include decisions about placement, consent to travel, visitation, medical treatment and education (§ 62-5-304A(B)).

Plan of care, reports and delegation

• Plan of care. "A guardian, within thirty days of his appointment, shall file a plan of care," including steps toward restoring the ward's independent decision-making (§ 62-5-309(B)).
• Reports. The guardian reports the condition of the ward and of the estate under the guardian's control "as required by the court or court rule, but at least on an annual basis" (§ 62-5-309(A)(7)).
• Short delegation. "A guardian, by a properly executed special power of attorney, may delegate to another person, for a period not to exceed sixty days, any of his powers regarding the care and custody of the ward" (§ 62-5-309(C)). The original power of attorney must be filed with the court that has jurisdiction over the guardianship (§ 62-5-309(C)). This delegation belongs to a guardian of an adult, not to a parent.

Emergency and temporary guardianship

Section 62-5-108, rewritten by the 2024 act, has two tracks:

• Emergency order without notice. The court may issue an emergency order on a verified petition showing immediate and irreparable injury, supported by medical evidence from an examination within the prior 30 days by a physician or nurse practitioner (or, in the court's discretion, a physician assistant or psychologist). The moving party must also move for appointment of counsel (if none has been retained) and of a guardian ad litem. The emergency hearing must be held no later than 10 days from the date of the order, or at a time the court determines is reasonable for good cause shown, and an adverse party may move to dissolve or modify the order on two days' notice or shorter notice the court prescribes. "If the court continues its prior emergency order, the order must be for a duration of no more than six months unless otherwise specified in an order" (§ 62-5-108(A)).
• Temporary order after notice. The temporary hearing may not be held fewer than 10 days after service on all interested parties, or as the court determines is reasonable, and the request must be supported by an examination within the previous 45 days; "temporary orders resulting from the hearing shall expire six months from the date of issuance unless otherwise specified in an order" (§ 62-5-108(B)).

How a South Carolina guardianship ends or rights are restored

South Carolina offers an informal route and a formal one:

The ward or another person interested in his welfare, may make an informal request for relief by submitting a written request to the court. The court may take such action as it considers in its sole discretion to be reasonable and appropriate including, but not limited to, limiting or terminating the guardianship.

S.C. Code Ann. § 62-5-307(A)

On a formal petition to end the incapacity finding, the petitioner must "prove by a preponderance of the evidence that the ward is no longer incapacitated," and the court may set a period of up to one year during which no new petition may be filed without leave of court. The court may appoint a guardian ad litem, examiners and, unless the ward has private counsel, a lawyer for the ward, and a lawyer the ward asks to represent him may move for permission to do so (§ 62-5-307A). A guardianship also ends on the ward's death (§ 62-5-306(A)).

Conservatorship and protective orders

A conservator or other protective order addresses property. A petition may be brought when the person is unable to manage property or affairs effectively for reasons of incapacity, confinement, detention by a foreign power or disappearance, and either:

(a) the individual has an agent pursuant to a durable power of attorney and the actions necessary to prevent waste or dissipation of the individual's property are not being adequately performed by or are beyond the authority of the agent; or (b) the individual has no agent under a durable power of attorney and owns property that will be wasted or dissipated or which is needed for the health, education, maintenance, or support of the individual or those entitled to his support, and protection is necessary to obtain or administer the funds.

S.C. Code Ann. § 62-5-403(A)(1)

A protective order may also be sought to create a special needs trust for an individual who is disabled under Social Security Administration guidelines (§ 62-5-403(A)(2)). The court must find a basis for the appointment or order by clear and convincing evidence (§ 62-5-404).

• Bond. Unless the court finds good cause, a conservator must furnish a bond in an amount not less than the conservator's sworn estimate of the value of the protected person's personal estate and the income expected from it during the next calendar year; the court may reduce the bond by the value of assets deposited with a financial institution in a way that prevents their unauthorized disposition (§ 62-5-409).
• Inventory. Within 30 days of appointment the conservator must file a complete inventory of the estate with an oath or affirmation that it is complete and accurate to the best of the conservator's knowledge, and the court may extend the time (§ 62-5-415).
• Reports. "A conservator shall report to the court regarding his administration of the estate annually," including an accounting (§ 62-5-416(A)).

When a basis for protection is established in a formal proceeding, the court may, instead of appointing a conservator, authorize a protective arrangement in the person's best interest, such as a payment, deposit, sale or other transfer of property, or a trust, and it must set out specific findings supporting the order (§ 62-5-405(A)(1), (C)).

Alternatives to guardianship in South Carolina

The petition must explain why less restrictive alternatives are not available or appropriate (§ 62-5-303(B)(6)), and the Probate Code's definitions list the supports that count: powers of attorney, trusts, representative payees, accommodations and technology (§ 62-5-101).

Supported decision-making. Article 5 contains no supported decision-making agreement provision. Supports and assistance appear only as less restrictive alternatives the court must weigh (§§ 62-5-101, 62-5-303).

Powers of attorney and advance directives. A durable power of attorney is signed while a person still has capacity, and an agent under one has priority to serve as guardian (§ 62-5-308(A)). The signing rules are on our South Carolina power of attorney laws page. Free drafting tools are available for a South Carolina power of attorney and a South Carolina advance directive; a tool is not legal advice, and any document must be signed under the South Carolina rules on the power of attorney page.

Health care decisions without a guardian. Under the Adult Health Care Consent Act, when a patient is unable to consent, health care decisions may be made in this order of priority: a court-appointed guardian, if the decision is within the guardianship's scope; an attorney-in-fact under a durable power of attorney, if within that authority; then the spouse (unless the spouse and patient are separated under a pendente lite order, a signed property or marital settlement agreement, or a permanent separate-maintenance or settlement order), adult children, parents, siblings, grandparents and other relatives, followed by the others the section lists (§ 44-66-30(A)). Disagreements go to the probate court (§ 44-66-30(C)).

Federal benefits. The Social Security Administration decides whether representative payment is in a beneficiary's interest and appoints its own payee; a legal guardian is one person it may choose, not an automatic payee (20 C.F.R. § 404.2001(b)(2)). The guardianship hub covers the federal layer.

Moving to or from South Carolina with a guardianship

South Carolina enacted the uniform interstate act under its own name, the "South Carolina Adult Guardianship and Protective Proceedings Jurisdiction Act" (§ 62-5-700), by 2010 Act No. 213, effective January 1, 2011. A South Carolina guardian may petition to transfer the guardianship to another state, with notice, a hearing and a provisional order (§ 62-5-714). A guardian appointed elsewhere may register the order here:

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this State by filing as a foreign judgment in the court, in any appropriate county of this State, certified copies of the order and letters of office.

S.C. Code Ann. § 62-5-716(A)

Recent changes to South Carolina guardianship law

• 2024 Act No. 200 (H.4234). Sections 1 to 21 took effect May 21, 2024, on the Governor's approval, and apply to actions, proceedings and matters filed on and after that date. They rewrote the emergency and temporary order rules (§ 62-5-108), service, counsel, examiner and hearing provisions (§§ 62-5-303A to 62-5-303D) and the informal request for relief (§ 62-5-307), and they also amended, among other sections, the facility-of-payment rule (§ 62-5-103), guardian ad litem duties (§ 62-5-106), protective arrangements (§ 62-5-405), settlements for minors and incapacitated individuals (§ 62-5-433) and the interstate transfer and registration provisions (§§ 62-5-715, 62-5-716). Sections 22 to 29 of the act, effective July 1, 2025, created transfer-on-death titles for vehicles, watercraft and similar titled property and do not change guardianship law (2024 Act No. 200, §§ 22-30).
• 2023 Act No. 10. Effective May 8, 2023, it added the probate petition for a minor within 180 days of turning 18 (§ 62-5-303(C)).

South Carolina guardianship at a glance

Related South Carolina pages

• Guardianship laws by state
• South Carolina power of attorney laws
• South Carolina child custody laws
• South Carolina grandparents' rights
• South Carolina probate

This article provides general legal information about South Carolina guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in South Carolina or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

Which court handles guardianship of a child in South Carolina?

The family court hears actions concerning control of the person of a minor, including guardianship of the minor (S.C. Code Ann. § 63-3-530(A)(45)). The probate court has no jurisdiction over a minor's care, custody and control except a petition for a minor within 180 days of turning 18, though it handles a minor's property (§§ 62-5-201, 62-5-303(C)).

What must be proved to get guardianship of an adult in South Carolina?

Clear and convincing evidence that the person is incapacitated and that a guardian is necessary to provide continuing care and supervision (§ 62-5-304(B)). The petition must explain why less restrictive alternatives are not available or appropriate (§ 62-5-303).

Does the person get a lawyer in a South Carolina guardianship case?

Yes, if the person has not retained one: if no notice of appearance by retained counsel is filed within 15 days after proof of service is filed, the court appoints counsel (§§ 62-5-303A, 62-5-303B(A)). The court also appoints a guardian ad litem and an examiner within 30 days after proof of service is filed.

Can a parent sign a power of attorney giving a relative custody in South Carolina?

The only parental power of attorney in Probate Code Article 5, Title 21 chapter 21, and Children's Code chapter 5 (articles 1 and 3) and chapter 15 (article 5) is for military deployment: a deploying parent may delegate custodial responsibility to an adult nonparent for the period of deployment, only if no other parent has custodial responsibility or a court order bars the other parent's contact (§ 63-15-520). Separately, for school enrollment only, an adult a child lives with for a listed reason, such as a parent's death, serious illness, incarceration or deployment, may enroll the child by signing an affidavit accepting responsibility for educational decisions (§§ 59-63-31, 59-63-32).

Can a parent name a guardian in a will in South Carolina?

A surviving parent, or either parent if the other has died, may dispose of an unmarried child's custody by probated will or recorded deed (the section's text refers to a child under 21, while § 15-1-320 reads references to minors as persons under 18); a deed needs both parents' signatures if both are living and, except a deed to an authorized state agency, family court approval (§ 21-21-25).

How long does an emergency guardianship last in South Carolina?

The emergency hearing must be held within 10 days of the order unless the court finds a later time reasonable for good cause, and a continued emergency order may last no more than six months unless an order specifies otherwise (§ 62-5-108(A)). A temporary order issued after notice and a hearing expires six months from issuance unless an order specifies otherwise (§ 62-5-108(B)).

How can a guardianship be ended in South Carolina?

The ward or anyone interested in the ward's welfare may submit an informal written request, and the court may limit or terminate the guardianship in its sole discretion (§ 62-5-307(A)). On a formal petition, the petitioner must prove by a preponderance of the evidence that the ward is no longer incapacitated (§ 62-5-307A).

Does South Carolina have supported decision-making agreements?

Probate Code Article 5 contains no supported decision-making agreement provision. It treats supports and assistance, such as powers of attorney, trusts and representative payees, as less restrictive alternatives the court must consider (§ 62-5-101).