Add Required Fields To Legal South Carolina Standby Temporary Guardian Forms For Free

In order to assume guardianship of a minor child, an application with the County Clerk must be completed. Often, hearings must take place to determine if the parents are or are not fit to retain custody of their child and if you are fit to step into the role.

Only the Probate Court can appoint a guardian for an adult. The Probate Court will not appoint a guardian unless it receives clear and convincing evidence, in a court hearing, that an individual is incapacitated and that the person applying to be guardian is the appropriate person to serve as a guardian.

Under South Carolina law, if an adult cannot understand their medical needs and cannot make reasonable medical decisions, the Probate Court can determine that they are incapacitated and can appoint someone else to act as that person's Guardian.

You can seek guardianship of a minor in South Carolina by filing a petition in the Family Court. You will also have to pay a filing fee and serve a copy on the parents if they are alive. To serve as a guardian, you must be an adult.

Terminating an Adult Guardianship File the Papers. You will need to complete a Petition to Terminate Guardianship, and a Citation or a Notice of Hearing. ... Serve the Papers. Once you have filed all of the necessary papers, you will have to serve the papers on all required people. ... On the day of the Hearing (and after):

If you are a Georgia resident you must file the petition for temporary guardianship in the county of your domicile. If you are a non-resident of this state you must file the petition in the county where the minor is found and you must have physical control of the minor at the time of filing the petition.