Charleston County probate workshop outlines wills, powers of attorney and conservatorship options for families

A Charleston County probate court presenter explained the basics of estate planning, probate administration and guardianship/conservatorship at a public workshop, and answered attendees’ questions about protecting older adults who may be losing capacity.

The presenter told attendees the probate office handles wills and trusts, adult guardianships and conservatorships, involuntary commitments and other matters, and advised families to organize documents and speak with an attorney. “Probate court has a little bit of everything,” the Probate Court presenter said.

Why it matters: Families caring for older adults with dementia frequently face choices about health care, finances and potential legal guardianship. The presenter summarized legal tools that can avoid a court conservatorship — including a durable financial power of attorney, a health care power of attorney and trusts — and described when court action may still be necessary.

Most important facts

The presenter said Charleston County Probate handles about 2,200 estates a year and keeps roughly 3,500 open cases at any one time. The office also processes about 2,000 involuntary commitment matters and roughly 1,000 guardianship/conservatorship proceedings.

He outlined three probate paths used in South Carolina: summary proceedings (used when the estate is under $25,000 and involves no real…