Guardianship of a Child or Adult in South Carolina

The family court has authority to order custody of a child with all rights of guardianship. The probate court does not have jurisdiction over the care, custody and control of a minor, but it handles management of a minor's property and may begin a guardianship case within 180 days before a minor turns 18 if the minor will need a guardian as an adult.

A person seeking a finding of incapacity or appointment of a guardian files a summons and petition in probate court. The court may appoint a guardian only if clear and convincing evidence shows the person is incapacitated and a guardian is needed for continuing care and supervision; it may instead enter another appropriate order, treat the case as one for a protective order, or dismiss it. The court must encourage maximum self-reliance and independence and may create a limited guardianship. Unless the order says otherwise, a guardian's appointment ends an agent's powers under a health care or durable power of attorney for matters within the guardianship, and the guardian must follow the person's most recent advance directive.