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Another way to obtain a temporary guardianship without court is through a Power of Attorney (POA). A POA is a document that grants authority to an individual to act on someone else's behalf. The POA can be limited in scope, so the guardian only has authority over specified decisions or tasks related to the child.
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.
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.
A: In South Carolina a Guardian handles personal and custodial matters for an incapacitated adult. The incapacity may be due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs or alcohol, or other causes, except minority.
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.
Short-Term Guardianship You only need a guardianship for a minor child for 6 months or less; AND. The parents will sign and notarize a short-term guardianship agreement. Only one parent's signature is needed if the other parent is deceased, unknown, has no legal rights, or has had their parental rights terminated; AND.
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.