This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
South Carolina Standby Guardianship Guide
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US-ADOP6
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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.
Removal or resignation of guardian; termination of incapacity. (a) After service of the summons and petition of the ward or any person interested in his welfare, the court may remove a guardian and appoint a successor if in the best interests of the ward.
Must be twenty-five years of age or older; Must possess a high school diploma or its equivalent; Must complete a minimum of nine hours of continuing education in the areas of custody and visitation and three hours related to substantive law and procedure in family court.
The court will determine who has the authority to serve as the Conservator pursuant to S.C. Code Ann § 62-5-410. A summons and a petition (Form 540PC) must be completed and filed with the court to begin the process of appointing a Conservator for a minor.
SECTION 62-5-303. Procedure for court appointment of a guardian; summons and petition. (A) A person seeking a finding of incapacity, appointment of a guardian, or both, must file a summons and petition.
Creditors must ?present? claims arising before the decedent's death within the earlier of one year after the decedent's death or eight months after the date of the first publication of the notice to creditors. S.C. Code Ann. § 62?3?803.
(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.
Filing Will and Probatings - The South Carolina ( SC ) Probate Code of Laws requires that the Last Will and Testament be delivered to the Probate Court within 30 days of the decedent's death.