South Carolina Summons (For Guardianship) is a legal document that is used in the state of South Carolina to notify a person that a guardianship petition has been filed against them. This document is issued by the court, and it states that the person must appear at a specified date and time to answer the petition. The Summons also contains information about the petition, such as the name of the petitioner, the name of the minor or incapacitated person, and the court where the petition was filed. There are two types of South Carolina Summons (For Guardianship): Service by Publication and Service by Personal Delivery. Service by Publication is when a notice is published in a newspaper of general circulation in the county where the person resides, and Service by Personal Delivery is when a court-appointed process server delivers the Summons directly to the person.
South Carolina Summons (For Guardianship)
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FAQ
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.
The person who wants to end the guardianship will have to file some forms, set a court hearing, and serve the guardians and all other relatives so a judge can hold a hearing and decide whether the guardianship is still needed.
There is simply no mechanism in South Carolina law that allows for a parent to terminate his or her own rights to a child. Termination actions must be with the consent of both parents, or must be initiated by the custodial parent or by DSS (with some minor exceptions).
Removal or resignation of guardian; termination of incapacity.
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 must file a request with the Probate Court to relinquish your responsibilities as the guardian. See South Carolina Code Ann. § 62-5-307 at .
If a guardianship is still needed after six months, the parties can sign another temporary guardianship agreement or they can file for permanent guardianship through the court.