Currently in South Carolina, a guardian/conservator may expend or distribute sums
from the principal of an estate without court authorization or confirmation for the
support, education, care, or benefit of the protected person and his dependents.
Beginning January 1, 2019, a guardian serving as a fiduciary, is obligated to apply
the money for the benefit of the minor/incapacitated person, but the court must explicitly
set forth the rights and powers vested in the conservator.
Thus, based on South Carolina law, through December 2018, assume that the funds in
a conservatorship account can be made available for the support and maintenance of
the SSI claimant or recipient and is a resource. Beginning in January 2019, obtain
the court order granting the conservatorship to check for any restrictions on the
disbursement of the assets to the claimant or recipient.