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South Carolina Guardianship Law



A brief guide to South Carolina guardianship law

People who are mentally or physically incapacitated or minor children have their finances looked after by a custodian. This person's functions are separate from those performed by someone appointed under South Carolina guardianship laws to manage their physical health or mental welfare. 

Many different people may be appointed to look after an adult who is not capable of living autonomously. South Carolina guardianship law states that a person appointed in a living will, their spouse, parent or adult child, or someone chosen by a relative are all eligible to perform this task. 

Regardless of the person who is seeking this position, they must be approved by the court system. Pursuing this process through South Carolina guardianship laws will begin with a petition filed by the court. The incapacitated adult in question will be examined by a professional, who will then submit a report detailing the kind of assistance which they require. Prior to any scheduled hearing, a judge will examine this document and evaluate who is best capable of executing the responsibilities in accordance with South Carolina guardianship law.

During hearings, an "attorney ad litem" will be appointed. Under South Carolina guardianship laws, it is this legal professional's task to represent an incapacitated adult throughout the legal process. Anyone who is seeking to become a guardian may wish to retain an attorney to help them understand the often-complicated technicalities of the law.

You have the right to request a jury during the hearing. If your petition is granted, South Carolina guardianship laws give you the right to receive a report from any custodian of the property of the person who you will be caring after. A judge will help issue all the documents stating that you have the right to make decisions on behalf of someone. Under South Carolina guardianship law, you will be required to regularly submit reports to the court on the physical and mental health of the person you are caring for.

Much the same procedures are followed when appointing someone to look after a child. South Carolina guardianship laws mandate that a child's best interests be taken into account at all times. This means that the person who is appointed to this position must be on good terms with a child and able to effectively communicate with them. South Carolina guardianship law does not disqualify someone who is already a custodian from taking on this second responsibility. 

Think carefully before pursuing this position or agreeing to execute it. South Carolina guardianship laws hold you accountable for the best interests of the minor or adult that you will be looking after. Taking on these responsibilities will require a great deal of time or effort. If the person you are going to be looking after is disabled, South Carolina guardianship law requires you to be patient at all times. People who fear that they may not be able to perform the tasks of this role capably should not agree to become someone's guardian.

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