Who is eligible for guardianship?

In South Carolina, individuals who are not able to take care of their own affairs are eligible for guardianship. This includes those who are a risk to themselves or others due to a physical or mental impairment, those who cannot make decisions for themselves, or those who are developmentally disabled. A guardian must be an adult who is able to provide sound, rational decisions, and is responsible for providing the person for whom they are responsible with food, clothing, medical care, shelter, and other necessary items. Other people who are able to provide legal guardianship in South Carolina are family members, such as step-parents, aunts, uncles, or grandparents, as well as other individuals appointed by the court. In order to become a legal guardian in South Carolina, an individual must be approved by the court. The court evaluates each request for guardianship and reviews any necessary paperwork before making a decision. In some cases, the court may appoint a Guardian ad Litem to investigate the situation and determine if the prospective guardian is suitable. The Guardian ad Litem will also evaluate the person or persons being placed under guardianship to ensure they are able to make their own decisions and can take care of their own affairs. The individual who is requesting guardianship is also expected to provide proof of their own ability to provide for the person being placed under guardianship.

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