Can a minor choose their own guardian?

In South Carolina, a minor cannot choose their own guardian. Guardianship law is determined through the court system, which lets the judge decide who the guardian of the minor should be. The judge bases the decision on the needs of the minor, and who can best provide care, support, and protection for the minor. In making the decision, the court will consider the wishes of the minor, if the minor is old enough to express an opinion. However, the court is not required to follow the wishes of the minor and may instead appoint someone who the court believes would be a better guardian. The court may also appoint a Guardian ad Litem (GAL) to investigate the situation and report back to the court with a recommendation for who should be appointed guardian. The court will also take into consideration the age, needs, and best interests of the minor when making its decision. The court must make certain that the appointed guardian can provide a safe and secure home for the minor. Other factors, such as the relationship between the proposed guardian and the minor may also be taken into consideration. In South Carolina, a minor cannot choose their own guardian. The court system will make the decision based on what is in the best interests of the minor. The court may consider the wishes of the minor, but ultimately the court is responsible for deciding who will provide the best care and protection for the minor.

Related FAQs

How can a guardian be removed from their position?
How do you remove a guardian?
What is the purpose of guardianship?
What is a durable guardianship?
How is a guardianship revoked?
Are there tax implications for a guardianship?
What is a guardianship for an adult?
What happens if a guardian is no longer able to fulfill their duties?
Can a guardianship be used for financial planning?
Can a minor choose their own guardian?

Related Blog Posts

Understanding Guardianship Law: What Do Parents Need to Know? - July 31, 2023
What Is a Guardianship and When Is It Necessary? - August 7, 2023
The Process of Establishing a Guardianship - August 14, 2023
What Are the Responsibilities of a Guardian? - August 21, 2023
Guardianship Law for Elderly Parents: What You Need to Know - August 28, 2023