What is an informal guardianship?

An informal guardianship is a legal arrangement in South Carolina wherein an adult assumes the authority and responsibility for taking care of a child. This arrangement is usually used in situations where a child’s parents are unable to provide the level of care and oversight the child needs. An informal guardianship can be established without the need of a court order, which helps to make it more accessible to those who need it. Informal guardianship usually gives the guardian the same sort of power a parent would have over a child. This includes the right to make decisions about a child’s education, medical care and other life decisions. In South Carolina, an informal guardian also has the responsibility of providing the same level of care as a parent would. This covers things like providing a safe, appropriate place for the child to live, providing food and clothing, setting reasonable boundaries and providing emotional and moral support. Informal guardianship is a popular option for parents who may need to take a break from caring for their child, for grandparents and other relatives raising a family member’s child, and for parents who are unable to take care of their kid because of incarceration. Informal guardianships, however, do not provide the same legal protections that a formal guardianship would. This means that an informal guardian does not have the same legal authority that a court-appointed guardian would have. Also, property and other assets a child may have are not automatically transferred to an informal guardian. If a guardian wishes to have these assets transferred, they must first obtain a court order to have the formal guardianship established.

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What is an informal guardianship?

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