What are the legal requirements for guardianship?

In South Carolina, guardianship is a legal arrangement in which an adult is granted the legal authority to take care of a minor child or an incapacitated adult. In order to become a legal guardian, there are several legal requirements that the interested adult must meet. First, the petitioner must be over the age of 18 and must be a resident of South Carolina. The petitioner must also be able to provide a safe and appropriate home for the person who is to be taken care of. In order to file for guardianship, the petitioner must have a valid driver’s license or valid South Carolina ID. Second, the petitioner must file for guardianship with the Probate Court in the county where the person needing assistance or the guardianship is located. Along with the guardianship petition, the petitioner must also provide the Court with a copy of the person’s birth certificate, any applicable social security cards, and a copy of that person’s will, if any. Third, the petitioner must provide the Court with a background check indicating that the guardian is not the subject of any criminal investigations. The Court will also consider any other factors that it believes to be relevant to the guardianship, such as the guardian’s financial stability and any history of neglect or abuse. Once the Court makes a decision on the guardianship petition, the guardian must then comply with all state statutes and regulations governing guardianship. This includes filing annual guardianship reports with the Court and providing a safe and appropriate home for the person under guardianship.

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What are the legal requirements for guardianship?

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