Who can become a guardian?

In South Carolina, anyone can become a guardian, but the requirements depend on the type of guardianship and the person being represented. For minors, typically a parent is the automatic guardian, however a court may appoint a guardian in cases where a parent is not available. In certain circumstances, such as if a parent is deceased or where a minor receives an inheritance or insurance settlement, the court can appoint a guardian for the minor. This type of guardianship is typically referred to as a “guardianship of the estate.” For incapacitated adults, the court may also appoint a guardian to assume legal responsibility for managing their financial affairs, healthcare decisions, and other matters. In these cases, South Carolina law requires that the guardian be a resident of the state and approved by the court. Additionally, the guardian must go through a background check and be over the age of 18. If the person being represented does not have family members or friends to serve as a guardian, the court may appoint a public guardian that is assigned by the county probate court to serve in this role. The South Carolina Department of Health and Environmental Control also offers an Adult Protective Services Program to provide guardianship for people who are not capable of managing their own affairs.

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