What is a guardianship?

A guardianship is a legal arrangement that is used when someone, usually an adult, is unable to care for themselves or their property due to physical or mental incapacity. Someone, such as a family member, close friend, or professional guardian, is appointed as the legal guardian by the court. In South Carolina, the court will appoint a guardian after considering the best interests of the individual who requires guardianship. The guardian must comply with the South Carolina code of laws, which outlines the duties and responsibilities of a guardian. These include providing the individual in need of guardianship with adequate food, clothing, and shelter. The guardian also has a duty to make decisions regarding medical treatment, education, and placement in a residence. The guardian also has a duty to manage the individual’s financial assets and to use the assets for the benefit of the individual. The guardian is required to file annual reports and accountings with the court regarding the individual’s financial condition. In addition, the guardian is required to pay the individual’s taxes and expenses. The court has the power to revoke the guardianship if it determines that the guardian is not acting in the best interests of the individual. If the court determines that the guardian is not complying with the duties and responsibilities of a guardian, then it can take action to appoint a new guardian.

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