Grace Advocacy Partners, LLC

What is guardianship?

Guardianship is a legal arrangement in which a court appoints an individual or organization (the guardian) to make decisions on behalf of another person (the ward) who is unable to make decisions for themselves due to incapacity. Incapacity can be due to age (minors), mental illness, developmental disability, physical disability, or other reasons that impair decision-making abilities. In South Carolina, one physician is required to document incapacity.

In South Carolina, determining whether an individual is incapacitated and in need of a guardian involves a legal process typically overseen by the probate court. Here are the key steps and criteria involved:

Criteria for Incapacity

An individual may be deemed incapacitated if they are unable to effectively receive or evaluate information or make or communicate decisions, even with appropriate technological assistance, to such an extent that they lack the ability to meet essential requirements for physical health, safety, or self-care, or manage their financial affairs. The causes of incapacity can include:

  • Mental illness or deficiency

  • Physical illness or disability

  • Advanced age

  • Chronic use of drugs or alcohol

  • Other conditions that impair decision-making capabilities

The Legal Process

  1. Petition for Guardianship:

    • A family member, friend, or other interested party files a petition with the probate court requesting the appointment of a guardian.

    • The petition must include evidence of the individual's incapacity and the need for guardianship.

  2. Notice and Hearing:

    • The court schedules a hearing and notifies the proposed ward, close family members, and other interested parties.

    • The proposed ward has the right to attend the hearing and contest the guardianship.

  3. Evaluation and Testimony:

    • The court may require evaluations by medical professionals, including physicians, psychologists, and social workers, to assess the individual's mental and physical condition.

    • Testimonies from family members, friends, and other witnesses may also be presented.

  4. Court Decision:

    • Based on the evidence and testimonies, the judge decides whether the individual is incapacitated and, if so, the scope of the guardianship (e.g., full or limited guardianship).

    • If the judge appoints a guardian, they will issue an order detailing the guardian’s responsibilities and powers.

Grace Advocacy Partners, LLC
Contact Lisa Eck

graceadvocacypartners@gmail.com

cell: (843) 410-9960

Fax: 854-246-8996

© 2024. All rights reserved.

Member of the National Guardianship Association

Mem

Filling in the GAP of care.