What is involved in establishing a guardianship?

Establishing a guardianship in South Carolina involves several steps. First, the petitioner (the person looking to become the guardian) must file a petition for guardianship in the county in which the minor (the person for whom the guardianship is being established) lives. The petition must include the names and ages of the parties involved and the reason why the guardianship is being sought. The court will then appoint a guardian ad litem to investigate the facts of the case and the interests of the minor. The guardian ad litem will then file a report with the court. Depending on the type of guardianship being established, the court may require a background check of the petitioner and even a home visit. Once all the necessary information is collected, a hearing will be held in which both the petitioner and the minor are present. The court will ask questions to both the petitioner and the minor and hear witnesses’ testimony. The court will then determine whether the guardianship should be granted. Once the guardianship is approved, the court will issue an order appointing the petitioner as the guardian. This order will outline the duties of the guardian and the rights of the minor. The order must also be provided to certain agencies, including the Department of Social Services and the Educational Services Office. The court will regularly review the guardianship to make sure the petitioner is still capable of fulfilling their duties.

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What is involved in establishing a guardianship?

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