How Much Does Guardianship Cost in South Carolina? Filing Fees, Attorney Costs, and Bond

The Fixed Costs

Every guardianship petition in South Carolina starts with the same baseline fees, regardless of county:

• Probate court filing fee: $150 (Form 530GC for guardianship only, or Form 520GC for dual guardianship/conservatorship)
• SLED criminal background check: $25 for the proposed guardian
• Credit report: a credit report may be required for the proposed conservator in a conservatorship, which typically costs $15–$30 depending on the service used

The standard filing fee is the same in Richland County, Charleston County, Greenville County, and every other South Carolina probate court. Eligible applicants can seek a waiver of court fees through an in-forma-pauperis request.

The Variable Costs (Where It Gets Expensive)

The fixed fees are the smallest part of the total cost. The larger expenses come from the professionals the court appoints to protect the alleged incapacitated individual's rights:

Court-Appointed Counsel

If the individual doesn't retain their own attorney within 15 days after proof of service is filed, the court must appoint independent counsel. The attorney's fees are typically paid by the petitioner — the family member seeking the guardianship. Rates vary by county and attorney, but expect to pay based on hourly billing.

Guardian ad Litem (GAL)

The court appoints a GAL to investigate the individual's circumstances, interview relevant parties, and submit a best-interests report. The GAL is compensated at an hourly rate, also typically paid by the petitioner.

Medical Examiner

The court appoints a licensed physician or psychologist to evaluate the individual and complete the Examiner Report (Form 539GC). The examiner's fee covers the in-person evaluation and written report.

Total Range for Professionals

Combined, the court-appointed counsel, GAL, and medical examiner fees typically range from $1,500 to $5,000 for an uncontested proceeding. If the guardianship is contested — meaning someone objects, and the case goes to a full evidentiary trial — professional costs can exceed $7,500.

The Conservator Bond

If the court appoints a conservator to manage the individual's finances (in addition to or instead of a guardian for personal care), the conservator must purchase a fiduciary surety bond.

The bond amount must equal 105% of the sum of the protected person's non-real-estate personal property and estimated annual income. For example:

The bond itself doesn't cost the full face amount — you pay an annual premium to a surety company, typically 1%–3% of the bond face value. A $17,775 bond might cost $180–$530 per year in premiums. But the bond must be renewed annually for the life of the conservatorship.

If the individual's only income is SSI managed through a Representative Payee (a federal designation), and they have no significant personal property, a conservatorship may not be necessary — which means no bond is required.

The Indigency Waiver

If the proposed ward is indigent, the petitioner can file a Motion for In Forma Pauperis and Affidavit of Indigency (Form SCCA405PC). If the court approves, filing fees are waived and the court assumes the costs of the appointed professionals.

This is a meaningful option for families where the young adult's only income is SSI and they have no significant assets. The court evaluates the individual's financial resources — not the petitioner's — to determine indigency.

Ongoing Annual Costs

Guardianship isn't a one-time expense. After appointment, the guardian must file the Guardian Annual Report (Form 534GC) at least once per year. There's typically no filing fee for the annual report itself, but if a conservatorship is in place, the annual bond premium continues.

If the guardian ever needs to petition the court for modifications — changing the scope of authority, moving the ward to a different residence, or making major financial decisions — each motion may carry additional filing fees and attorney costs.

Comparing Costs to the Alternatives

The non-court alternatives to guardianship are substantially cheaper:

• Durable Power of Attorney: notary and witness costs, or a few hundred dollars if prepared by an attorney
• Health Care Power of Attorney: same execution costs as a financial POA
• Educational delegation under the Consent Act: free, through the school district
• Representative Payee designation: free, through the Social Security Administration
• Palmetto ABLE account: no setup fee; the account itself

These alternatives require the young adult to have capacity to sign documents (except the educational representative certification under § 59-33-340 and the Representative Payee, which don't require capacity). When voluntary instruments work, the cost savings are significant.

The South Carolina Adult Guardianship & Alternatives Guide includes a cost comparison and decision worksheet that maps the family's specific situation to the most appropriate — and cost-effective — set of legal instruments.

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