How is a guardianship revoked?

In South Carolina, a guardianship can be revoked through a variety of methods. Generally speaking, the guardian and the ward must agree to revoke the guardianship. The guardian and ward must file a petition for revocation with the court. The petition must include a written statement signed by both the guardian and the ward explaining that they both agree to the revocation. There are also some circumstances in which a guardianship may be revoked without the consent of both parties. For instance, if the ward objects to the guardianship in court, or if the guardianship is no longer necessary because the ward has reached the age of majority (18), the court may revoke guardianship. In some cases, the court may also revoke guardianship if the guardian is found to be unfit or has breached his/her legal duty to the ward. For instance, if the guardian has been found to be negligent, has abused or neglected the ward, or has engaged in fraudulent activities, the court may revoke the guardianship. In addition, a guardianship may be revoked if the ward or the guardian dies or becomes incapacitated. The court will then appoint a new guardian in order to ensure the ward’s best interests are safeguarded. Finally, the court may revoke guardianship if the guardian fails to submit a required annual report to the court. Thus, it is important for guardians to remain diligent in submitting reports to the court in order to ensure that their guardianship does not get revoked.

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How is a guardianship revoked?

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