Guardianships and conservatorships are often complicated and confusing and can feel especially overwhelming when deciding what you and your loved one needs. Take a look at the difference between them and when each is appropriate in South Carolina.

What is a Guardianship?

A guardian in South Carolina focuses on handling specific things for someone who cannot make decisions and handle matters on their own. Whether due to injury, illness, disability, age, or another issue, an incapacitated adult needs help handling things such as where they will live, who will care for them and how, healthcare decisions, and mental health concerns.

What is a Conservator?

A conservator acts similarly to a guardian, however, instead of handling an incapacitated adult’s personal needs, they focus on their financial affairs. Their job is to protect the individual’s assets during the time they cannot manage them or make decisions about them. A bond issued by the court holds conservators accountable for any actions they take on behalf of the estate.

Which One is Appropriate?

In South Carolina, the courts appoint both guardians and conservators. It’s their job to determine what’s appropriate based on the individual’s needs who are no longer able to care for their own affairs and their family. 

If someone you love is in crisis and cannot manage their own personal, healthcare, living, and financial decisions, you need a reliable attorney to help you through the process. Their knowledge can ensure the right protective measures for your loved one so you can rest easy knowing they are safe and well cared for. In addition, you need someone with extensive experience with guardianships and conservatorships who can help you navigate through the process. Contact McCutchen McLean, LLC today for the team of attorneys you can count on.



James McCutchen drafted our estate planning documents and he did a fantastic job. The entire process was easy and affordable. I highly recommend James for any of your estate planning or probate needs.



James McCutchen helped me with my business contract for my new business venture. He was able to offer helpful and informative suggestions and recommendations for my contract. It is reassuring to have someone like James look over my contract to know that I will be covered. His service was outstanding and I highly recommend him for your legal needs!!



I recently had a tax issue with the IRS. I called McCutchen McClean law firm and they were able to fit me in quickly. They sat down with me, reviewed all the documents, listened to my concerns, and gave me wonderful advice as to how to fix the issue. They were friendly and understanding. Now, my tax issue is resolved, taking a HUGE weight off my mind. I would recommend them for any tax issue you may have! The service, hospitality, knowledge, and professionalism was outstanding!



We recently used James McCutchen and we could not be any happier! He was very kind, thorough when answering all of our questions and the best part of all we got everything completed pretty quickly. We highly recommend James. Thanks again for everything!



I have referred several clients to them. My clients are very happy with the outstanding, timely service they receive. James and Robin are extremely smart and professional, yet speak in "plain english" so everyone walks away educated regarding their tax, estate or family law issue.



Smart people that do great work.



I used Robin McLean as an attorney to secure a divorce about 20 months ago. I found her to be efficient, reasonably priced, and very well skilled. I was completely happy with her work. She did what she said. Since that time, I needed additional help with paperwork and she responded promptly and to my complete satisfaction. I highly recommend Robin as an attorney.


! NOTICE ! No Legal Advice Intended. This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems.