Can a guardian be appointed without a court order?

In South Carolina, guardianship laws allow for a guardian to be appointed without a court order in some circumstances. A guardian may be appointed without a court order when the guardianship is for a minor child. In this situation, a parent or legal guardian can act as a guardian for their child and provide their consent for the guardianship without the need of a court order. Additionally, if the guardianship is for an adult, then the guardianship can be established without a court order if the adult has provided a written authorization for the guardianship. This must be done by the adult who is the subject of the guardianship and must express their consent to the appointment of the guardian. Lastly, guardianships in South Carolina may be established without a court order if the adult that is the subject of the guardianship has been declared mentally incompetent. This must be done through an affidavit filed with the probate court and the court must find that the adult is unable to provide for themselves and is in need of a guardian. In conclusion, in South Carolina, guardianships can be created without a court order in specific circumstances. These typically involve the guardianship of a minor child, the provision of a written authorization from the adult that is the subject of the guardianship, or the declaration of mental incompetence.

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Can a guardian be appointed without a court order?

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