How can a person become a guardian?

In South Carolina, if a person wants to become a guardian they must go through a legal process. This process includes the filing of paperwork in the probate court of the county in which the potential guardianship is set to take place. The person who is being guardianship must be declared legally incapable to care for themselves, and a background check of the potential guardian must be completed. After the paperwork is successfully filed, the court will ask for a hearing to be held. During this hearing, the potential guardian must present evidence as to why they would be the best guardian, and it must be established why they are more fit for the job than other potential guardians. This hearing is also the potential guardian’s opportunity to explain any potential conflicts they may have, and why they are still qualified for the position. Next, the court will appoint a guardian ad litem to investigate the situation and make sure that the guardian is in the best interest of the ward. If the potential guardian is approved, a court order will be issued allowing the potential guardian to be the legal guardian of the ward. After identification and verification, the guardian can then take on all the responsibilities of a guardian for the ward.

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