(A) Upon the death of the ward, the guardian shall notify the court and file a death certificate confirming the ward’s death. The court may then issue an order terminating the guardianship and the appointment of the guardian.

(B) If there is no conservatorship for the ward, the guardian may file an application for specific authority to use the ward’s funds for the final disposition of the ward’s remains. If the application is granted by the court, the guardian shall file an accounting of those funds within ten days from the date of approval, along with a proof of delivery showing he has delivered a copy of the accounting to the last known address of the person named as Personal Representative in the ward’s will. If the guardian cannot locate the will after reasonable effort, he shall send a copy of the accounting to the last known address for at least one of the ward’s closest adult relatives. Upon approval of the accounting, the court will issue an order terminating the guardianship and the appointment.

Terms Used In South Carolina Code 62-5-306

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

(C) Termination of the appointment does not affect the guardian’s liability for prior acts nor his obligation to account for any funds or assets of the ward.