A petition to appoint a guardian of the person must be made to the Probate Court accompanied by a summons, a $150.00 fee and service on the interested parties.
A guardian is appointed to provide care and supervision of an incapacitated person (the “ward”) whether that incapacity is due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs or alcohol, or other reasons, except minority.
A Guardian decides where the incapacitated person will live and provides for the care, comfort and maintenance of that person including making mental health care and health care decisions for the ward. The Guardian makes annual reports to the Probate Court on the condition of the ward.
No bond is required for a guardianship, but an attorney must file the summons and petition. Guardianships of minors are handled by Family Court.
Any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic intoxication or other cause (except minority) to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.
A court appointed person, who may also be an attorney, to protect the interests of a specific person (minor or incapacitated person) pursuant to a court hearing.
The Probate Court has authority to hear a case for residents of Bamberg County.
For more information on guardianships visit the South Carolina Judicial Department Self Help webpage.