Why is an attorney appointed as the Guardian Ad Litem and why is one needed in this proceeding?
Due to a recent policy change, this Court will appoint Guardian Ad Litem for all incoming cases. Due to the complex nature of the proceedings and the allegations that the adult is incapacitated and cannot manage their financial affairs, the Probate Court appoints an attorney in good standing with the South Carolina Bar for the alleged incapacitated adult. An attorney is always needed to represent the interest of a minor. The attorney acts in a dual capacity as both Guardian ad Litem and Counsel for the incapacitated adult and minor and investigates the need for the conservatorship as well as the proposed Conservator’s ability to serve the incapacitated person’s best interests.