Protect Legal South Carolina Guardianship Forms For Free

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

Guardians for minors are designated by the Family Court. A Conservator manages financial affairs or property for an incapacitated adult or for a minor. The Conservator must manage and protect the property, and report periodically to the court about the assets, receipts and disbursements of the estate.

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.

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.

While both legal arrangements might be used to help someone manage their affairs if they lack the mental competence to do so themselves, conservatorships differ from powers of attorney because they are not voluntary; they are created by the court; and they can only be revoked by the court.

A South Carolina Guardian of Minor Power of Attorney Form is a legal document utilized by parents or guardians for the purpose of upholding their parental responsibilities to a child or minor in their care.