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How do I get guardianship of my mentally disabled mother. My grandmother currently has it, but she is getting forgetful.

Columbia, SC |

My mother is 51 years old.

Attorney Answers 3


  1. Hopefully things can be worked out amicably, but if you feel it necessary you should hire an attorney to petition the court to remove your grandmother as guardian and replace with you.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  2. One can petition the probate court for appointment of guardianship. If there is already a court appointed guardian, then a petition can be filed for a change in guardianship. In some cases, the current court appointed guardian and the prospective guardian may be able to come to an agreement changing guardianship. If course, the probate court must approve any such agreement. Notably, if there is also a need to manage property and assets, a conservatorship may be more appropriate.

    Consult personally with an attorney to determine the best options based on your personal circumstances. I wish you well with resolving your legal issue.

    NO attorney-client relationship is created by this response. This information is provided for general legal information only and does not constitute advice. It does not address specific, personal issues as there is no direct contact with the questioner nor a review of any applicable documents. Responses are based on SC law or any applicable federal law as I am an attorney licensed only in SC. You are strongly advised to consult with an attorney in-person. The Brown Law Office, LLC is a private law firm owned and managed by Tina L. Brown, solo practitioner, and providing legal representation for consumer debtors under the United States Bankruptcy Code, some general consumer matters, defense of tenants in rental matters, with a particular emphasis upon income based housing, education law and social security disability appeals.


  3. How to go about changing the guardian / conservator, or even whether such a change is needed, depends on the circumstances of your case. As Attorney Brown has indicated, the procedure can be significantly streamlined if the family agrees on a suitable G/C and presents that to the court by consent.

    This is general feedback only, it is not legal advice and does not create an attorney client relationship.

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