How do you set up a guardianship?

In South Carolina, a guardian is appointed to act for a minor or an adult who is unable to manage their own affairs. The process to set up a guardianship includes filing a petition, serving notice to the legally responsible parties, appearing in court, and obtaining court approval. The first step in setting up a guardianship is to file a petition with the court. The petition should include the name, address, and age of the person (ward) who needs the guardian, as well as the qualifications and contact information for the proposed guardian. The petitioner must also provide the court with a list of all persons who would be affected by the guardianship, such as relatives. The next step is to serve notice to the legally responsible parties. This includes the ward, the proposed guardian, and any other persons impacted by the guardianship. The notice must include all pertinent information about the guardianship, including the hearing date and time. On the assigned hearing date, the petitioner must appear in court to explain why a guardianship is necessary. During the hearing, the court will hear testimony from any involved parties and consider any relevant evidence. The court will then decide whether to grant the guardianship petition. Finally, if the court approves the petition, the guardian must accept the appointment and be sworn in according to South Carolina law. Once the guardian is sworn in, he or she will have the authority to act on behalf of the ward, including making decisions about their medical care, finances, and living arrangements.

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