Conservatorships

CONSERVATORSHIP

A petition to appoint a conservator must be made to the Probate Court accompanied by a summons, a $150.00 fee and service on the interested parties.  The purpose of a conservatorship is to protect and manage the assets of a protected person. A hearing will be held to appoint a conservator after all documents are filed and served and a bond has been obtained.

 

PROTECTED PERSON

A protected person can be a child or an adult and is a person who is unable to manage his financial affairs.  A Conservator Bond is required by the Probate Court and an attorney must file the summons and petition.

 

GUARDIAN AD LITEM

A court appointed person, who may also be an attorney, to protect the interests of a specific person (protected  person) pursuant to a court hearing.

 

JURISDICTION

Probate Court has authority to hear a case for Bamberg County residents.

 

FIDUCIARY

A person or institution who has been entrusted with the management of money or property for another and who must exercise a standard of care imposed by law or contract.

In some cases, there will be both a guardianship and conservatorship for the incapacitated person. All guardianships and conservatorships are under court supervision. It is the court's responsibility to make certain that the guardianship and/or conservatorship are functioning in the best interests of the protected person. It is the guardian's and/or conservator's responsibility to follow the court's instructions and to always act in the best interests of the protected person.

 

OTHER

For more information on conservatorships visit the South Carolina Judicial Department Self Help webpage.