What is a guardianship of the person?

Guardianship of the person is a legal relationship between a guardian and a ward (the one being protected) that grants the guardian the legal authority to make decisions on behalf of the ward regarding their personal care, health care, and other matters. In South Carolina, guardianship of the person is regulated by the Probate Code. The law states that a guardian is appointed by the court to provide a minor or disabled adult with legal protection and to support, protect, and care for them. The ward is usually a minor or an adult who is unable to make decisions due to a disability or mental incapacity. A guardian of the person is responsible for making decisions regarding the ward’s personal care, including housing, meals, transportation, medical care, clothing, recreational activities, and educational options. The guardian may also manage the ward’s money, valuables, and other assets. They must provide an explanation to the court for any important decisions that they make on behalf of the ward. The court may also issue specific orders to a guardian of the person such as seeking medical care for the ward or providing a particular living arrangement for them. It is important for guardians to be aware of the rights of their ward in order to ensure that their decisions are in their best interests.

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