Can guardianship be denied by the court?

Yes, the court may deny guardianship in South Carolina. Guardianship is a legal relationship between a guardian and the ward, or the person receiving guardianship. The South Carolina Code of Laws outlines the process of guardianship and lays out the grounds for which guardianship may be denied. For example, if it is determined that the ward is capable of looking after their own affairs, the court may decide that guardianship is unnecessary and deny the request. The court may also reject a guardianship if the applicant has a conflict of interest with the ward, such as a relationship of trust or benefit. The court may also deny guardianship when an applicant is deemed unfit to be a guardian, for example if they have been convicted of a crime or are considered to be a threat to the safety of the ward. The court may also deny guardianship when a suitable party is not available and there is no suitable alternative available. In some cases, if the guardianship is not necessary or necessary only for a certain period of time, the court may grant a limited guardianship. In general, the court may deny guardianship if it is determined that it would not be in the best interests of the ward. The court has the responsibility of determining whether the ward is capable of managing their own affairs, or whether they need a guardian to look after their best interests.

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