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