Conservatorships

Memphis Conservatorship Lawyer

“Experienced and Dedicated Legal Representation at All Stages of the Conservatorship Process”

Laws in every state (including Tennessee) presume that a person over the age of eighteen years is fully capable and able to make decisions concerning their personal care and the management of their affairs.  In most cases, this presumption continues until the person dies.  However, what if an adult is over the age of eighteen years and is incapable of properly caring for him/herself? Or, what if someone had capacity to care for him- or herself in the past but does not possess this capacity any longer? In such a situation, a conservatorship may be the answer.

Do you have an adult loved one who is no longer able to properly able to care for him/herself?  Or is a family member or other person claiming you cannot properly care for your own needs and manage your personal affairs? The dedicated conservatorship lawyers at Douglass & Runger, Attorneys at Law, can provide legal representation to parties who find themselves involved in conservatorship proceedings.

What is a Conservatorship?

A conservatorship is a court-ordered and court-approved arrangement where one individual (the conservator) is appointed to look after the well-being of another adult.  The other adult must be found by the court to be disabled under the law and it also must conclude that establishing a conservatorship is the least restrictive means available to protect the interests and well-being of the person. If approved by the court, a conservator receives the power to make healthcare, financial, and other decisions on behalf of the other individual as necessary. A conservator must act to protect the health and well-being of the other person: a conservator cannot use his or her position to defraud the other person or take advantage of him or her.

How is a Conservatorship Established?

The process to establish a conservatorship is designed to ensure that no person is given authority over the affairs of another person without there being a necessity for doing so. The process is designed to afford the person over whom a conservatorship is sought the opportunity to demonstrate to the court that a conservatorship is not necessary.

The steps in establishing a conservatorship include:

  • Filing a petition with the court indicating the person over whom a conservatorship is sought and identifying the proposed conservator. The petition must set forth the facts and circumstances the person filing the petition believes makes a conservatorship appropriate. The petition will usually be accompanied by medical documents that corroborate the need for a conservator.
  • Appointment of a guardian ad litem by the court. This person is an attorney whose duty it is to make an independent investigation into the facts and circumstances surrounding the request for a conservatorship and determine what is in the best interests of the person over whom conservatorship is sought. The guardian ad litem will typically interview the person as well as any of that person’s doctors or healthcare providers before making recommendations to the court.
  • A decision by the court after a hearing. The petitioner (the one who filed the request for a conservatorship), the person over whom the conservatorship is sought, and the guardian ad litem all have an opportunity to be present and participate in the hearing. At the conclusion of the hearing, the court will render a decision and either deny the petition or appoint a conservator for the individual.

Douglass & Runger, Attorneys at Law, is Here to Assist You With Your Conservatorship Questions

Whether you are concerned about a loved one who appears to be unable to properly care for him- or herself or you are fighting a conservatorship petition, the Memphis legal team of Douglass & Runger, Attorneys at Law is here to provide you with experienced and dedicated legal representation at all stages of the conservatorship process. Contact them at (901) 388-5805 to learn how their knowledge and experienced can help you achieve your conservatorship goals.

2820 Summer Oaks Drive,
Bartlett TN, 38134
Douglass & Runger is an association of attorneys, not a partnership. Douglass & Runger serves clients in the greater Memphis area, including Arlington, Bartlett, Collierville, Cordova, Germantown, Lakeland, in addition to the surrounding counties, including, but not limited to, Chester County, Fayette County, Hardin County, Hardemann County, Lauderdale County, Madison County and Tipton County Tennessee. The information contained herein is for informational purposes only and should not be construed as legal or tax advice. The transmission or receipt of any information on this website is not intended to, nor does it create, an attorney-client relationship. If you have any questions, or would like to set up a consultation to discuss your case, please contact us at help@douglassrunger.com , all rights reserved.

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