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When A Court Appoints A Guardian

S.C. Code 62-5-304 — clear and convincing evidence, and orders only as far as the incapacity requires

Clear and convincing evidence. The court may appoint a guardian if clear and convincing evidence shows the person is incapacitated and a guardian is necessary for continuing care and supervision. It encourages maximum self reliance and independence, and issues orders only to the extent the incapacity requires.

  • S.C. Code 62-5-304
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The petition names the person as respondent and their close family as corespondents, says why a guardianship is necessary and why less restrictive alternatives are not available or appropriate, and states any rights the petitioner asks to have removed.

  • S.C. Code 62-5-303
  • A guardian already appointed elsewhere.
  • A person the individual nominates, if able to make a reasoned choice.
  • An agent under the individual's power of attorney with authority over their care.
  • The spouse, then an adult child, then a parent.
  • The nearest relative willing to serve, then a person the individual lives with outside a facility.

Those are the first in the court's order of priority. The court may pass over a higher priority for a lower one in the person's best interest, and may limit a guardian's powers to create a limited guardianship.

  • S.C. Code 62-5-308
  • S.C. Code 62-5-304

Unless the order says otherwise, appointing a guardian ends an agent's powers under a power of attorney for matters within the guardianship, and the guardian acts consistently with the person's most recent advance directive. Whether a guardianship is warranted is a question for a licensed South Carolina attorney.

  • S.C. Code 62-5-304
Sources for this section (3)
  1. S.C. Code 62-5-304 — Order of appointment; alternatives; limitations on guardian's powers
  2. S.C. Code 62-5-303 — Procedure for court appointment of a guardian; summons and petition
  3. S.C. Code 62-5-308 — Guardian; qualifications; priorities

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.

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