South Carolina Code 62-5-304. Order of appointment; alternatives; limitations on guardian’s powers
(B) The court may appoint a guardian if clear and convincing evidence shows that the individual is incapacitated and the appointment of a guardian is necessary to provide continuing care and supervision of the incapacitated individual. The court may:
Terms Used In South Carolina Code 62-5-304
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(1) enter an appropriate order;
(2) treat the petition as one for a protective order and proceed accordingly; or
(3) dismiss the proceeding.
(C) The court may appoint co-guardians if the appointment is in the best interest of the incapacitated individual. The compensation of co-guardians in the aggregate shall not exceed the compensation that would have been allowed to a sole guardian. Unless the order of appointment provides otherwise:
(1) each co-guardian has authority to act independently; and
(2) if a co-guardian dies, the other co-guardian has continuing authority to act alone.
(D) The court, on its own motion or on the petition or motion of the incapacitated individual or other interested person, may limit the powers of a guardian and create a limited guardianship. A limitation on the statutory power of a guardian of an incapacitated individual shall be endorsed on the guardian’s letters. A limitation may be removed, modified, or restored pursuant to §§ 62-5-307 and 62-5-307A.
(E) Unless the court order specifies otherwise:
(1) appointment of a guardian terminates an agent’s powers under a health care power of attorney or durable power of attorney for matters within the scope of the guardianship; and
(2) the guardian shall act consistently with the most recent advance directive executed by the ward prior to an adjudication of incapacity.