What are the guardianship laws in my state?

In South Carolina, guardianship laws are put into place to protect minors (under the age of 18) and adults with disabilities. Guardians are responsible for making sure that those under their guardianship have necessary health care, are safe, and have their other basic needs met. The court can appoint a guardian for a minor or adult with disabilities who cannot make decisions for themselves. Guardians must be vetted and approved by the courts, and are required to take an oath before assuming guardianship of an individual. For minors, guardians are usually appointed by the court when the parents are deemed unfit to care for the child. In these cases, the guardian is responsible for the health, safety, and wellbeing of the minor. The court can also appoint a guardian if a minor is inheriting property. For adults with disabilities, the court can appoint a guardian if the individual is deemed incapable of making decisions for themselves. The court reviews the individual’s ability to make decisions and considers the opinion of medical professionals when determining if a guardianship is necessary. The guardian is then responsible for representing the disabled individual and making decisions in their best interests. In South Carolina, guardians must file an annual report to the courts detailing how the guardianship is going and any changes in the guardian or ward’s circumstances. The court can also review guardianships to make sure that the guardian is doing their job correctly. Guardianship laws in South Carolina are in place to protect minors and adults with disabilities, making sure that they are receiving the care that they need.

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