Guardianship and conservatorship in South Carolina: who, where, cost
How a court can name a guardian or conservator in South Carolina, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
Guardian of an incapacitated individual (full or limited); conservator of a protected person's estate.
- Filing fee
- Filing the initial guardianship petition costs the same as filing a civil action in circuit court; the South Carolina Judicial Branch lists the circuit court fee for new cases as $150.
- Court
- Probate court of the county (each county has an elected probate judge)
What guardianship or conservatorship is
- What it is called
Guardian of an incapacitated individual (full or limited); conservator of a protected person's estate
- When a court may appoint one
The court may appoint a guardian if clear and convincing evidence shows the individual is incapacitated and a guardian is needed to provide continuing care and supervision. The court must encourage maximum self-reliance and independence and may limit the guardian's powers (limited guardianship). 'Less restrictive alternatives' include powers of attorney, health care powers of attorney, trusts, representative payees, a decision-maker under the Adult Health Care Consent Act and reasonable accommodations.
Law: S.C. Code § 62-5-304; § 62-5-101
- Kinds
- Full guardian
- Limited guardian
- Co-guardians
- Temporary or emergency guardian
- Conservator
Law: S.C. Code §§ 62-5-301 to 62-5-310; S.C. Code §§ 8-21-770
Who can ask, which court and your own choice
- Who may ask
A person seeking a finding of incapacity or appointment of a guardian files a summons and petition in the probate court. The petition must explain why a guardianship is necessary, including why less restrictive alternatives are not available or appropriate, and list family members, any agent under a power of attorney or health care power of attorney, and recent caregivers as co-respondents.
Law: S.C. Code § 62-5-303
- Court
Probate court of the county (each county has an elected probate judge)
- Choosing your own
In a power of attorney you can nominate a conservator or guardian; except for good cause or disqualification, the court must follow your most recent nomination. Your agent under a power of attorney covering your care has priority after a person you nominate.
Law: S.C. Code § 62-8-108(a); § 62-5-308(A)(3)
- Effect on a power of attorney
Unless the court order or the power of attorney says otherwise, appointing a guardian ends the agent's powers under a health care power of attorney or durable power of attorney for matters within the guardianship, and appointing a conservator ends the parts of the power of attorney within the conservatorship. The guardian must act consistently with your most recent advance directive.
Law: S.C. Code §§ 62-5-304(E), 62-8-108(b)
Cost, fee waiver and forms
- Filing fee
Filing the initial guardianship petition costs the same as filing a civil action in circuit court; the South Carolina Judicial Branch lists the circuit court fee for new cases as $150. Conservatorship fees depend on the value of the estate.
Law: S.C. Code § 8-21-770(C)(11); § 8-21-770(B)
- Steps
Other options and where to report abuse
- Less restrictive options
- Less restrictive alternatives: A durable power of attorney, a health care power of attorney, a trust, a Social Security representative payee, a health care decision-maker under the Adult Health Care Consent Act, an educational representative, and reasonable accommodations such as communication help and extra time.
- Limited guardianship: The court may limit the guardian's powers; the limits are written on the guardian's letters.
- Report abuse or exploitation
South Carolina Department of Social Services, Adult Protective Services · 1-888-227-3487
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Free help in South Carolina
- South Carolina Legal Services · 1-888-346-5592
- SC Department on Aging: Legal Assistance for Older Adults
- South Carolina Judicial Branch: Probate Court
- South Carolina Judicial Branch: Court Forms
- Find free legal aid at LawHelp.org
Report abuse or exploitation
South Carolina Department of Social Services, Adult Protective Services · 1-888-227-3487
Questions about powers of attorney in South Carolina
How does guardianship or conservatorship work in South Carolina?
The court may appoint a guardian if clear and convincing evidence shows the individual is incapacitated and a guardian is needed to provide continuing care and supervision. The court must encourage maximum self-reliance and independence and may limit the guardian's powers (limited guardianship).
What does a guardianship or conservatorship cost in South Carolina?
Filing the initial guardianship petition costs the same as filing a civil action in circuit court; the South Carolina Judicial Branch lists the circuit court fee for new cases as $150.
What are the alternatives to guardianship in South Carolina?
Less restrictive alternatives; Limited guardianship.