What is a legal guardian?

A legal guardian is a person who has been legally appointed to care for a minor child or incapacitated adult in South Carolina. The legal guardian has the legal responsibility to make decisions on behalf of the minor or incapacitated adult. The guardian may be appointed by a court or may be appointed by the person who needs the guardianship. In South Carolina, guardians are responsible for providing for the basic needs of the minor or incapacitated adult such as food, clothing, shelter, medical care, and financial assistance. The guardian is also responsible for ensuring the minor or incapacitated adult is attending school or other educational and recreational activities as appropriate. In addition to providing for the basic needs, the guardian is responsible for making decisions regarding the minor or incapacitated adult’s welfare. This includes decisions about medical care, education, employment, residence, and other important decisions. The guardian is also responsible for maintaining records about the minor or incapacitated adult such as financial statements, medical records, school records, and other documents. The guardian must act in the best interests of the minor or incapacitated adult and must take into consideration the minor or incapacitated adult’s wishes when making decisions. Guardians are required to file an annual report with the court detailing what they have done on behalf of the minor or incapacitated adult. Legal guardians play an important role in providing care for a minor child or incapacitated adult in South Carolina and ensuring that their best interests are taken into account when making decisions.

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