What is a guardianship?

A guardianship is a legal arrangement in South Carolina that is established to protect adults who are incapacitated or unable to make decisions or take care of their own affairs without assistance. A guardianship is created when a court appoints an individual, known as a guardian, to take charge of an incapacitated person’s finances, health care, and personal care decisions. In South Carolina, the Probate Court may appoint a guardian for an adult who is not able to make decisions or is not safe taking care of his or her own affairs. The purpose of a guardianship is to protect the incapacitated person from financial exploitation, abuse, or neglect. The guardian has the legal authority to make decisions in the incapacitated person’s best interests. This could involve decisions on how to spend money, what kind of medical care to receive, or where to live. The guardian is responsible for managing the incapacitated person’s assets and is responsible for filing annual reports with the court on the incapacitated person’s affairs. The guardian must always act in the best interests of the incapacitated person and any decisions made by the guardian must be approved by the court. In some cases, the guardian may be appointed with the consent of the incapacitated person, if they are able to approve the decision. In South Carolina, guardianships are governed by Chapter 62 of the South Carolina Code of Laws. It is important to consult with an attorney to understand the specific procedures and requirements for setting up a guardianship in South Carolina.

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