We don't try to do everything. Instead we practice in those interrelated areas of law that we are passionate about. We are persistent in pursuing relief for our clients' and promoting their welfare.
In South Carolina a guardianship is a legal proceeding in the probate court to determine if a person lacks the capacity to care for him or herself or make decisions concerning his or her health care. A guardianship is most often sought when an elderly person has dementia or a disabled person has reached the adulthood, the age of 18, and cannot assume adult responsibilities for his or herself. Estate planning through a health care power of attorney often avoids this costly litigation.
In South Carolina a conservatorship is a legal proceeding in the probate court to determine if a person lacks the mental capacity to make his or her own decisions concerning his or her money or assets. A guardianship may also be sought at the same time, but sometimes the only income a disabled or elderly person has is from Social Security, which has its own payee system. Conservatorships are also sought for children that receive an inheritance outside a trust or a large personal injury settlement. Estate planning through a financial power of attorney can often avoid the need for a more costly conservatorship action.
Download “The 10 Myths of Estate Planning†, a free 20 page PDF booklet containing South Carolina’s estate planning information on the documents you need and the next steps.
Wills
We offer some services on a flat fee basis – like deeds, health care power of attorneys and simple wills. SS/SSI appeals are handled on a contingency basis such that while you remain liable for all costs, no legal fees are owed unless we win the case for you. Most legal services are charged by the hour with higher rates for the managing attorney and lower rates for associate attorneys and paralegals. We try to perform services in the most economical way for the client. Retainers are based on our past experience with the amount of time it took for the kind of the work requested and the time frame you give us to work in. A portion of a retainer may be refundable. You will receive a written fee contract explaining the scope of work you have requested, billable time and the charges you can expect. Unlike a doctor or dentist, much of an attorney’s work is done when the client is not present.
Trusts
Living trusts have grown in popularity because they avoid probate and let you retain control as long as you are competent. These kinds of trusts can hold your real property in multiple states, including time shares. Said trusts can also hold household goods, vehicles, cash, accounts, etc. They can work in conjunction with some of ideas above.
Power of Attorney
Probably your health care power of attorney (hereinafter HCPOA) will be valid, but it may be difficult to reach your agent. I suggest you name a traveling companion as a... Read more
Probate
Disclaimer: Information contained in this column is meant to be of general information on frequently asked questions concerning disability, elder law, estate planning and probate law, and does not contain specific legal advice to a client. No attorney-client relationship is created by reading this column.    10/2021