South Carolina Sample Letter regarding Petition to Appoint Guardian and Issue Letters of Guardianship
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How to fill out Sample Letter Regarding Petition To Appoint Guardian And Issue Letters Of Guardianship?
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FAQ
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.
(A) As used in this section: (1) "Agent" or "health care agent" means an individual designated in a health care power of attorney to make health care decisions on behalf of a principal.
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.
Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.
A guardian is a person, institution, or agency appointed by the Probate Court to handle personal matters for a ward. Usually the guardian serves until the ward dies or the Probate Court decides that the ward no longer needs a guardian.
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.
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.
Section 62-5-433 provides the basic statutory definitions and procedures for the settlement of claims in favor of or against minors or incapacitated persons. Other provisions of Title 62, Article 5, Part 4 (Protection of Property of Persons Under Disability and Minors) may also apply in these proceedings.
