What is guardianship law?

Guardianship law is a legal process that gives someone, known as the guardian, control over the care, upbringing, or welfare of a minor or an incapacitated adult. This law is found in South Carolina and is regulated by the Probate Code in the state. In South Carolina, guardianships are established when a court finds that an individual is unable to make decisions on their own or lacks the capacity to do so. Their guardianship may be voluntary or court-appointed. The court may grant the guardian legal authority over the ward’s financial affairs and healthcare decisions. In South Carolina, guardians are generally required to provide an annual accounting to the court and are subject to certain regulations, including preserving and managing the ward’s property, investing and paying out income, and providing a safe and beneficial living environment for the ward. The court may also appoint a guardian ad litem to ensure the ward’s best interests are represented. The guardian ad litem is charged with inspecting the ward’s place of residence, reviewing guardianship reports, and acting as an impartial advocate for the ward. Guardianship law is an important part of South Carolina law, providing protection, guidance, and support for minors and incapacitated adults. It is important to understand the responsibilities and regulations associated with guardianship in order to ensure that the ward’s best interests are always taken into consideration.

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