How long is a guardianship in effect?

In South Carolina, a guardianship is typically in effect until one of three conditions is met: death, a court order, or emancipation. When a guardianship is established for a minor child, the length of the guardianship is determined by the court. Generally, the court will not establish guardianship for a minor child beyond age eighteen; however, there are special circumstances which may allow a guardianship to remain in place after a minor child has become an adult. When setting the length of the guardianship, the court must consider what is in the best interest of the minor child. If a guardianship is set to last until the minor child turns eighteen, this does not necessarily mean that the guardianship will terminate on the minor child’s eighteenth birthday. The court may elect to maintain the guardianship for an additional period of time if deemed necessary to protect the minor child. In cases involving mental illness or disability, the court may establish the guardianship as permanent. This means that the guardianship will remain in effect until the guardianship is terminated by the court due to a change in the guardianship situation or the death of the guardian. In some situations, the court may find that it is in the best interest of the minor child to terminate the guardianship prior to the age of eighteen. This is known as emancipation and can be granted to a minor who can prove that they are capable of managing their own affairs. In conclusion, the length of guardianship in South Carolina can vary depending on the circumstances of the guardianship and the best interest of the minor child. In many cases, the guardianship will terminate at eighteen, unless special circumstances exist. In other cases, the court may find that it is best to keep the guardianship in place until the minor child is able to manage their own affairs.

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How long is a guardianship in effect?

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