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Temporary Guardianship Without Court in sc Form: What You Should Know

I do hereby give (name the individual or persons to whom you are temporarily granting temporary custody) temporary physical custody and support for the children: a. for as long as is required to complete necessary medical care, medical assistance, or counseling; or You can also request temporary guardianship online by filling out a Guardianship in South Carolina Probate Petition. I have a family member (s) who is a disabled adult who may be entitled to make decisions for them at a later date. Can a family member or family member of an incapacitated person make a guardianship decision? The answer is probably “yes.” The South Carolina Probate Court has adopted rules that allow family members or other members of the family to be appointed guardians of an incapacitated adult. In order to receive legal custody and support from family members of an incapacitated, the family member must: 1) Be a person legally related to the incapacitated person;  2) Be the parent or legal guardian (if applicable) of the incapacitated person in the absence of parents, the surviving spouse of the incapacitated person, or a member of the family at least twenty-one years old who is legally entitled to be the parent or legal guardian; and  3) If legally able, have a good relationship with the incapacitated person (including children). How soon after the incapacitation does a person become a guardian to an incapacitated person? The determination (probate proceeding) of whether a person is the guardian of an incapacitated person is made at the time the incapacitated person turns twenty-one. In many cases, this determination is made prior to the incapacitation. In order for the guardian to be appointed after the incapacity has occurred, the incapacitated person must be: 1) an incapacitated adult; 2) found incapable of managing their personal affairs; 3) living with parents, or legal guardian if applicable after the court has determined that the incapacitated person is not living in the home; 4) having a legal guardian appointed by a court order to manage the incapacitated adult's affairs; 5) living with the legal guardian. Does the court have to appoint a guardian in every case, or can the court consider other factors (e.g. the medical needs of the incapacitated person, whether the individual lacks financial resources, or other factors)? Once guardianship rights have been granted, the court must appoint the guardian in every case where children under seventeen are involved.

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