Sumter Guardianship Lawyer

Sumter Guardianship Attorney

When it comes to being granted guardianship in South Carolina, it is important to hire an experienced Sumter guardianship lawyer because these cases can be complex, often requiring detailed knowledge of the state’s laws, court processes, and the responsibilities that come with being a guardian. If you have additional concerns about broader family law matters related to guardianship, it may help to consult a local Sumter family lawyer who can offer guidance on related legal issues and ensure your rights are protected.

Choosing Our Law Firm

Kinney Law Firm has experience working in all areas of family law, including guardianship cases. Our Sumter guardianship lawyer is well-versed in local and state laws, court procedures, and the process it takes to be granted guardianship in these cases. Because these cases are complicated and emotionally taxing, it is recommended that you have a seasoned attorney on your side.

What Is Guardianship?

The legal process designed to protect individuals who are unable to care for themselves due to age, illness, or disability is referred to as guardianship. This legal relationship is established by the court, where the guardian assumes responsibility for the well-being, care, and financial management of another individual.

South Carolina takes these cases very seriously and they are carefully assessed by the court to ensure that any guardianship decisions are in the interest of the individual. A skilled guardianship lawyer may help facilitate this process by making sure any necessary legal steps are followed.

The Role of a Sumter Guardianship Lawyer

A Sumter guardianship lawyer plays a vital role in ensuring the rights of the individual requiring guardianship are protected and assisting families like yours in handling this legal process. When it comes to guardianship cases, these attorneys can:

• Provide legal advice
• Prepare and file petitions
• Represent the client in court
• Assist with the appointment of guardianship
• Ongoing assistance

The Guardianship Process in Sumter

Just as in other areas of South Carolina, the guardianship process is very similar in Sumter. The process involves many steps, and the advice or assistance of an experienced guardianship lawyer is beneficial. These steps include:

• Petition for guardianship
• Court hearing
• Investigation
• Appointment of guardian
• Ongoing court supervision

Types of Guardianship in Sumter

There are many different types of guardianship arrangements that are seen in Sumter. Depending on the individual’s needs, they may look different and be classified as a different type. The most common types are guardianship of minors, guardianship of an incapacitated adult, limited guardianship, temporary guardianship, and conservatorship.

Guardianship of Minors

The court may appoint a guardian if a child’s parents are unable to care for the child. This type of guardianship is referred to as guardianship of a minor. While it can either be temporary or permanent, it allows the guardian to make decisions regarding the child’s welfare, education, and health for however long the guardianship agreement is granted.

Guardianship of Adults

For guardianships of adults, this type of arrangement is made when an adult cannot make decisions for themselves due to a number of reasons. The appointed guardian can assume responsibility for the decision-making of this individual regarding most areas of life, which can include living arrangements, healthcare, and financial matters.

Limited Guardianship

There are some cases where a limited guardianship may be chosen. This is when the guardian only has authority over specific areas of the individual’s life, such as medical decision-making or financial management. This most often occurs when the individual is able to make certain decisions but needs assistance in specific areas.

Temporary Guardianship

Temporary guardianship is used during emergencies or when a minor needs immediate care, but a permanent arrangement has not been established. The guardian can assume the role for a limited amount of time until a permanent solution is found.

Conservatorship

A form of guardianship solely focused on financial matters is referred to as a conservatorship. A conservator is appointed to manage the financial affairs of a person who is unable to do so themselves. This type of arrangement can be used by itself or in conjunction with another type of guardianship.

FAQs About Sumter, SC Guardianship Law

Q: Is Guardianship More Powerful Than Power of Attorney?

A: In most cases, guardianship is considered more powerful than power of attorney. A guardianship is used when someone is deemed unable to make decisions for themselves, whether that be because of age or health reasons, giving the guardian the power to make decisions on their behalf. Power of attorney is used when someone is still able to make decisions but wants to designate someone in the event they become incapacitated.

Q: Does Guardianship Override a Will?

A: A guardianship does not usually override a will. The guardian also doesn’t have the power to change a will unless it is approved by the court. The guardians’ role is to oversee the decisions of an individual, but their decisions cannot interfere or override any that may be set in a will on their behalf. Consult with an attorney who has experience dealing with these complex cases.

Q: How to Get Guardianship of an Adult?

A: You may need to file a petition with the right court within the appropriate jurisdiction to be granted guardianship of an adult. In order for this to be granted, proof that the adult is unable to make decisions for themselves due to their mental or physical health is necessary. When it comes to getting guardianship, hiring a skilled attorney is recommended.

Q: Can Someone Refuse Guardianship?

A: If you are named guardian of an individual, you have no obligation to accept the position. In this event, the court may choose another person to be the guardian of that individual. If you choose not to serve this role, you can formally decline the position with the court and provide your reason for refusal.

Contact Kinney Law Firm

Kinney Law Firm has knowledge of all the necessary family court laws and procedures in South Carolina needed to guide and represent families through guardianship cases. These cases are extremely complex. A skilled and experienced guardianship attorney can help clients while also protecting the rights of the individual who is in need of a guardian. and are aided by the skill of an experienced guardianship attorney. Contact our Sumter guardianship lawyer to discuss your options.