What is a guardianship for a child?

A guardianship for a child is a legal relationship established between an adult and a minor child. In South Carolina, a guardian is someone appointed by the court to make decisions on behalf of the child, such as decisions about the child’s medical care, education, or activities. The guardian has legal authority to act on behalf of the child and is responsible for the child’s wellbeing. Guardianships of minors may be voluntary or involuntary. In a voluntary guardianship, the child’s parents or guardians agree to allow someone else to take over responsibility for the child. In an involuntary guardianship, the court appoints a guardian due to the child’s circumstances, such as when the child’s parents are unfit or unable to care for the child. In South Carolina, a court-appointed guardian may be an individual or a corporate guardian. An individual guardian handles the daily care and decision-making of the child, while a corporate guardian handles only the financial aspects of the child’s care. The guardian’s authority may be limited or unconditional, depending on the court’s decision. A limited guardianship allows the child to continue living with their parents, while an unconditional guardianship places the child in the guardian’s care. The guardian has the authority to make decisions in the child’s best interest and is responsible for the child’s safety and wellbeing.

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