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- dundee@dundeelawsc.com
- Serving Myrtle Beach, South Carolina and the Grand Strand
When a loved one can no longer make decisions for themselves—due to illness, injury, or cognitive decline—the legal process of guardianship may be necessary to ensure they receive the care and protection they need. At the Law Office of Dundee W. Carter, LLC, we guide individuals, families, and healthcare providers through the guardianship process with compassion, professionalism, and a deep understanding of South Carolina law.
Guardianship is a legal arrangement in which the Probate Court appoints a responsible person—called a guardian—to make decisions on behalf of someone who has been deemed legally incapacitated. This may involve decisions about healthcare, housing, daily living needs, or financial matters (through a related role known as conservator).
Prompt legal action can help avoid delays in critical care and ensure that vulnerable individuals are protected without unnecessary court complications.
Without a valid healthcare power of attorney, South Carolina law requires the Probate Court to appoint a guardian to make medical decisions on your behalf. This underscores the importance of proactive planning through advance directives and powers of attorney.
In hospital settings, timely guardianship can be essential to avoid care delays, ensure proper discharge planning, and safeguard both medical and financial well-being. Whether you’re a concerned family member or a healthcare provider facing urgent decisions, having a court-appointed guardian in place allows necessary actions to be taken lawfully and efficiently—providing peace of mind for all involved.
In South Carolina, the guardianship process is designed to protect vulnerable individuals while ensuring their rights are respected throughout. Whether initiated by a family member, healthcare provider, or concerned party, the process involves careful court oversight, medical evaluation, and a formal hearing to determine if guardianship is appropriate.
A family member, hospital, or concerned party files a legal petition requesting that a guardian be appointed.
A licensed healthcare professional provides an assessment to help the court determine the individual’s capacity.
All interested parties, including the individual at the center of the case, are notified and may appear at a court hearing.
The judge reviews medical evidence and testimony to decide whether guardianship is necessary and, if so, who should be appointed.
If granted, the court issues an order giving the guardian authority to act in specific areas of the person’s life.
Guardianship is not a one-size-fits-all solution. South Carolina law provides several types of guardianships to address different levels of need and capacity. Whether long-term or temporary, each type is designed to protect individuals who can no longer make certain decisions for themselves—while balancing their rights and best interests. Below, we outline the main types of guardianships and the specific situations in which they may apply.
The guardian makes all personal and healthcare decisions for the individual.
The guardian is granted authority over specific matters, allowing the individual to retain some rights.
Granted when urgent decisions are needed to prevent harm, often in medical or hospital settings.
Attorney Dundee W. Carter works closely with clients to ensure the guardianship process is handled smoothly and with dignity. Whether you’re a family member seeking to protect a loved one or a healthcare provider needing legal support for a patient’s discharge planning, we can:
In some situations, a full guardianship may not be necessary. We help clients consider and implement other tools to preserve individual autonomy, while still ensuring critical decisions are made responsibly, including:
Guardianship matters are often emotional and urgent. At the Law Office of Dundee W. Carter, LLC, we bring experience, empathy, and a deep commitment to serving our community’s most vulnerable. Our firm is based in Murrells Inlet and proudly serves clients throughout South Carolina.