Guardianship

Millender Elder Law has experience assisting families seeking the appointment of a guardian for a loved one who needs care and help with decision-making.

Guardianship proceedings may be necessary for individuals who do not have a health care power of attorney or when conflict arises as to whether the health care agent is doing his or her job. In this case, South Carolina law provides a guardianship process to determine if a person is incapacitated and in need of a guardian. In a guardianship proceeding, the Probate Court will appoint a person, institution, or agency to control and manage another person’s personal decisions, such as medical decisions, decisions about housing, and other decisions about their physical being.

At Millender Elder Law, we understand that the decision to seek guardianship is often painful and difficult for the incapacitated person and his or her family members. Contact us today to see how we may help you determine if there are less restrictive alternatives to guardianship and, if not, how to navigate the process.