How is a guardianship petition filed?

In South Carolina, filing a guardianship petition is a two-step process. First, a petition must be filed in the County Family Court where the person who requires guardianship (also known as the “ward”) lives. The petition must meet certain requirements and must include the ward’s name, age, and address, why guardianship is needed, a description of the assets and liabilities of the ward, and any special circumstances. The petition must also be signed by the petitioner, which is usually a family member, friend, or other person interested in the ward’s welfare. Second, after the petition is filed, the Family Court will usually set a court date for a hearing. At the hearing, evidence is presented to the court, usually by an attorney or social worker, on why guardianship is needed. After the hearing, the court will issue an order either granting or denying guardianship. If guardianship is granted, the court will assign a guardian to take care of the ward’s health care and financial needs. The guardian is usually a family member or close friend, but can also be an outside party. The guardian must then file an acceptance of guardianship with the court to become legally responsible for the ward.

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How is a guardianship petition filed?

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