Adult Guardianship in South Carolina
Reviewed by DocDraft Legal Team - South Carolina - Last updated October 9, 2026
In South Carolina the county probate court handles adult guardianship under Title 62, Article 5 of the S.C. Probate Code, and the work is split into two roles: a guardian for the person (health, education, maintenance and support) and a conservator for the estate. The adult is the "alleged incapacitated individual" or "ward" in a guardianship and the "protected person" in a conservatorship. A guardian may be appointed only if clear and convincing evidence shows that the individual is incapacitated and that appointment is necessary to provide continuing care and supervision (S.C. Code 62-5-304(B)). The court appoints an examiner, who must be a physician or nurse practitioner or, at the court's discretion, a physician assistant or psychologist, and a guardian ad litem, and it appoints counsel if none has appeared within fifteen days from the filing of proof of service.
Find out where you stand in South Carolina
What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in South Carolina?
The probate court may appoint a guardian if clear and convincing evidence shows that the individual is incapacitated and that appointment is necessary to provide continuing care and supervision. Incapacity means being unable to effectively receive, evaluate and respond to information or make or communicate decisions such that the person, even with appropriate, reasonably available support and assistance, cannot meet essential requirements for physical health, safety or self-care.
Which court and which form start an adult guardianship in South Carolina?
A petition is filed in the probate court, which is a county court. Guardianship covers the person and conservatorship the estate; ask the clerk which petition form to use for one or both. The probate forms are listed on the South Carolina Judicial Branch forms page, and the clerk of the county probate court can confirm what that court requires.
Does South Carolina require a doctor's report for an adult guardianship?
The court appoints one examiner, who must be a physician or nurse practitioner or, at the court's discretion, a physician assistant or psychologist, to examine the individual and file a notarized report. The court appoints the examiner no later than 30 days from filing of proof of service, and the report is due by the court's deadline and at least 48 hours before the hearing, with a good-cause exception.
What rights does the person have in a South Carolina guardianship case?
The person is served with the summons, petition and a notice of right to counsel, may retain a lawyer, and may attend the hearing, conduct discovery and review all evidence. If the court has not received a notice of appearance within fifteen days from the filing of proof of service, it appoints counsel. A guardian ad litem reports.
South Carolina's guardian and conservator tracks, court examiner and 15-day counsel trigger
South Carolina keeps two roles apart under Title 62, Article 5 of the Probate Code, heard in the county probate court. A guardian makes decisions regarding the ward's health, education, maintenance and support, while a conservator is appointed by the court to manage the estate of a protected person. Limited guardianship is available, and the court must encourage maximum self-reliance and independence and issue orders only to the extent necessitated by the incapacity of the individual (S.C. Code 62-5-304(A), (D)). The court may appoint a guardian if clear and convincing evidence shows that the individual is incapacitated and that appointment is necessary to provide continuing care and supervision (62-5-304(B)). The court appoints one examiner, who must be a physician or nurse practitioner or, at the court's discretion, a physician assistant or psychologist, to examine the individual and file a notarized report, and a second examiner may be appointed. The examiner may rely on an examination conducted within the ninety-day period immediately preceding the filing of the petition, or longer at the discretion of the court in extraordinary circumstances (62-5-303D(B)). A court-appointed guardian ad litem, appointed within 30 days of proof of service, meets the person and files a written report at least 72 hours before the hearing. The distinctive rule on counsel: if the court has not received a notice of appearance by counsel selected by the alleged incapacitated individual within fifteen days from the filing of proof of service, the court will appoint counsel, and this is not tied to indigency. Emergency and temporary orders can run up to six months unless otherwise specified in an order. The supporting examiner (a physician or nurse practitioner, or at the court's discretion a physician assistant or psychologist) must have examined the person within 30 days before filing for an emergency order, or within the previous 45 days for a temporary order with notice.
Relevant Laws
S.C. Code Title 62, Article 5, Part 1 (General provisions and definitions)
Defines the court as the probate court, a guardian, a conservator, incapacity and less restrictive alternative, and sets the guardian ad litem's duties and the rules on temporary and emergency orders.
S.C. Code 62-5-303 to 62-5-304 (Guardianship petition and appointment)
Governs the guardianship petition, the clear and convincing evidence standard for appointing a guardian, limited guardianship, and the effect of appointment on a power of attorney.
S.C. Code 62-5-303A to 62-5-303D (Service, counsel, hearing and examiner)
Covers service on the alleged incapacitated individual, appointment of counsel when no notice of appearance is received within fifteen days from the filing of proof of service, the hearing, and the court-appointed examiner's notarized report.
South Carolina Judicial Branch Forms
The state court system's forms page, which lists probate court forms. Ask the county probate clerk what that court requires.
Regional Variances
South Carolina adult guardianship requirements
Court
The probate court, a county court (S.C. Code 62-5-101).
Terms used
Guardian (person: health, education, maintenance and support) and conservator (estate). The adult is the alleged incapacitated individual or ward in a guardianship and the protected person in a conservatorship. Limited guardianship is available (62-5-304(D)).
Petition form
Ask the clerk which petition form applies; forms are listed on the South Carolina Judicial Branch forms page (sccourts.org/forms). The court's requirements control, so ask the county probate clerk.
Incapacity standard and proof
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 meet essential requirements for physical health, safety or self-care (guardian), or manage property or financial affairs or provide support (protective order) (62-5-101(13)). The court may appoint a guardian if clear and convincing evidence shows that the individual is incapacitated and that appointment is necessary to provide continuing care and supervision (62-5-304(B)).
Medical or evaluator report
One court-appointed examiner, who must be a physician or nurse practitioner or, at the court's discretion, a physician assistant or psychologist, files a notarized report. A second examiner may be appointed. Appointed no later than 30 days from filing of proof of service; report at least 48 hours before the hearing, with a good-cause exception (62-5-303B, 62-5-303D). A physician's report filed with the petition may be used if neither the guardian ad litem nor the respondent objects.
Notice and service
The petitioner serves the summons, petition and notice of right to counsel on the alleged incapacitated individual as soon as reasonably possible after filing; if service is not accomplished within 120 days of filing, the court may dismiss without prejudice. Co-respondents are also served (62-5-303A).
Right to counsel
The person may retain counsel. If the court has not received notice of appearance by counsel selected by the person within fifteen days from the filing of proof of service, the court will appoint counsel. This is not tied to indigency (62-5-303A, 62-5-303B(A)(1)).
Less restrictive alternatives
The petition must explain why less restrictive alternatives are not available or appropriate (62-5-303(B)(6)). The guardian ad litem identifies alternatives (62-5-106(A)(2)). The court must encourage maximum self-reliance and independence and may create a limited guardianship (62-5-304(A), (D)).
Emergency and temporary orders
Emergency order without notice: verified petition showing immediate and irreparable injury, loss or damage before notice can be served, plus an examiner affidavit from an exam within 30 days before filing; hearing no later than ten days from the order, or as reasonable for good cause; a continued order lasts no more than six months unless otherwise specified. Temporary order with notice: exam within the previous 45 days, hearing not fewer than 10 days from service, expiring six months from issuance unless otherwise specified (62-5-108).
Bond and reports
Except upon a finding of good cause, a conservator must furnish a bond (62-5-409). Conservator inventory within 30 days of appointment (62-5-415) and annual report (62-5-416). A guardian reports as the court or court rule requires, but at least on an annual basis (62-5-309(A)(7)).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney or healthcare power of attorney, or a limited guardianship, would meet the need. The petition must explain why less restrictive alternatives are not available or appropriate. Unless the order says otherwise, appointing a guardian terminates an agent's powers under a health care or durable power of attorney within the guardianship's scope.
Track the court-appointed examiner's notarized report
Before the court's deadline and at least 48 hours before the hearing days after startingThe court appoints one examiner, who must be a physician or nurse practitioner or, at the court's discretion, a physician assistant or psychologist. The report is due by the court's deadline and at least 48 hours before the hearing, with a good-cause exception.
File the petition with the probate court
At filing days after startingFile the petition in the county probate court. Forms are listed at sccourts.org/forms; ask the clerk about fees and what the court requires.
Serve the person and co-respondents
As soon as reasonably possible after filing days after startingServe the summons, petition and notice of right to counsel on the alleged incapacitated individual. If service is not accomplished within 120 days of filing, the court may dismiss without prejudice. If no notice of appearance by counsel is received within fifteen days from the filing of proof of service, the court appoints counsel.
Calendar bond, inventory and reports
After appointment days after startingExcept upon a finding of good cause, a conservator furnishes a bond. A conservator files an inventory within 30 days of appointment (the court may grant an extension) and reports annually. A guardian reports as the court or court rule requires, but at least on an annual basis.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney or healthcare power of attorney, or a limited guardianship, would meet the need. The petition must explain why less restrictive alternatives are not available or appropriate. Unless the order says otherwise, appointing a guardian terminates an agent's powers under a health care or durable power of attorney within the guardianship's scope. | durable-power-of-attorney | Before filing |
| Track the court-appointed examiner's notarized report | The court appoints one examiner, who must be a physician or nurse practitioner or, at the court's discretion, a physician assistant or psychologist. The report is due by the court's deadline and at least 48 hours before the hearing, with a good-cause exception. | - | Before the court's deadline and at least 48 hours before the hearing |
| File the petition with the probate court | File the petition in the county probate court. Forms are listed at sccourts.org/forms; ask the clerk about fees and what the court requires. | - | At filing |
| Serve the person and co-respondents | Serve the summons, petition and notice of right to counsel on the alleged incapacitated individual. If service is not accomplished within 120 days of filing, the court may dismiss without prejudice. If no notice of appearance by counsel is received within fifteen days from the filing of proof of service, the court appoints counsel. | - | As soon as reasonably possible after filing |
| Calendar bond, inventory and reports | Except upon a finding of good cause, a conservator furnishes a bond. A conservator files an inventory within 30 days of appointment (the court may grant an extension) and reports annually. A guardian reports as the court or court rule requires, but at least on an annual basis. | - | After appointment |
Frequently Asked Questions
Other South Carolina guides
Adverse Possession in South Carolina: Ten Years Against a Presumption
Asset Protection Planning in South Carolina (2026)
Dealing With Debt Collectors in South Carolina (2026)
Expunging a Criminal Record in South Carolina (2026)
Filing a Workplace Harassment Complaint in South Carolina
Filing Chapter 7 Bankruptcy in South Carolina (2026)
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