What is a guardianship hearing?

A guardianship hearing is a legal proceeding held in a court of law in South Carolina to determine whether a person needs to have a guardian appointed to oversee and make decisions on their behalf. In South Carolina, a guardianship hearing is usually held when an adult is incapable of making certain decisions for themselves. Such decisions could include medical care, housing, finances, and other day-to-day matters. At the guardianship hearing, the court will consider all of the evidence presented by both sides and decide whether a guardianship is necessary. The burden of proof at a guardianship hearing rests on the petitioner who initiated the case. The petitioner must provide evidence that the individual is not capable of making decisions for themselves, such as medical records or testimonies from medical professionals that demonstrate the individual’s incompetence. If the court finds that a guardianship is necessary, they will appoint a person to be the guardian of the individual. The guardian can be a family member or a professional, and they will serve as the responsible party for making decisions on behalf of the individual. The guardian must follow the instructions provided by the court to ensure that the individual’s best interests are being served.

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