§ 43-35-220 — Duties and responsibilities of guardian ad litem; assessments.

(A) The duties and responsibilities of a guardian ad litem include, but are not limited to: (1) representing the best interests of the vulnerable adult by advocating for the welfare and rights of a vulnerable adult involved in an abuse, neglect, or exploitation proceeding; (2) conducting an independent, balanced, and impartial assessment of the facts and the needs of the vulnerable adult relevant to his or her situation; (3) maintaining accurate, written case records, including case notes, which are a guardian ad litem's work product and not subject to subpoena; (4) providing the family court, and all parties, with written reports including, but not limited to, a comprehensive final report regarding the best interests of the vulnerable adult. The final report must be consistent with the rules of evidence and the rules of the court, and must include, but is not limited to, evaluation and assessment of the issues brought before the court, the wishes of the vulnerable adult, and recommendations for the case plan and the disposition of the case; and (5) attending all court hearings to protect and promote the best interests of the vulnerable adult until formally relieved of the responsibility by the family court. The guardian ad litem is authorized through counsel to introduce, examine, and cross-examine witnesses in any proceeding involving the vulnerable adult, participate in the proceedings to any degree necessary to represent the vulnerable adult adequately, participate on a multidisciplinary evaluation team concerning the vulnerable adult, and make motions necessary to enforce the orders of the court, seek judicial review, or petition the court for relief on behalf of the vulnerable adult. (B) The assessment conducted by the guardian ad litem pursuant to subsection (A) must include, but is not limited to: (1) obtaining and reviewing relevant documents including, but not limited to, the vulnerable adult's medical records; records from the place of residence if the vulnerable adult is living in a facility or other institution; records related to assets and debts of the vulnerable adult in cases of alleged exploitation; and records from the Department of Social Services, Office of Mental Health, Office of Intellectual and Developmental Disabilities, or other public entities providing services to the vulnerable adult; (2) meeting with and observing the vulnerable adult on at least one occasion; (3) visiting the home setting if appropriate; (4) interviewing family, caregivers, medical providers, law enforcement, and others with knowledge relevant to the case; (5) exploring available resources within the family and community to meet the needs of the vulnerable adult; (6) obtaining the criminal history of a party if determined necessary; and (7) determining the wishes of the vulnerable adult and informing the court of these wishes.

Legislative History

HISTORY: 2014 Act No. 162 (S.764), SECTION 1, eff May 16, 2014. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.