What is the court process for guardianship?

In South Carolina, the court process for guardianship involves petitioning the court. A petition for guardianship must be filed with the probate court in the county where the child or incapacitated person lives. The court will then assign a guardian ad litem to investigate the petition and make a recommendation to the court. The court will then schedule a hearing to determine if guardianship is necessary. At the hearing, the petitioner, the alleged incapacity of the child or incapacitated person, and the proposed guardian’s qualifications and suitability to serve as guardian are all considered. The court will also hear any objections to the guardianship. After the hearing, the court can either grant or deny the petition. If the court grants the petition, an order of guardianship will be issued. The guardian ad litem will provide the court with a report that details their investigation into the proposed guardianship. This report must be filed with the court to complete the process. Once the order of guardianship is issued, the guardian must take specific steps to ensure that their guardianship is fulfilled. This includes providing the standard of care that is expected of all guardians, managing any funds or assets of the guardianship, and reporting on the guardianship to the court.

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What is the court process for guardianship?

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