Navigating the process of establishing a conservatorship can be complex and emotional. Here’s a clear breakdown of what you can expect if you’re considering this legal route for a loved one.
What is a Conservatorship?
A conservatorship is a court-supervised arrangement in which a person’s decision-making rights are transferred to a family member or appointed individual. It occurs when someone is deemed incapacitated and unable to manage their own affairs, including financial matters.
Steps to Establish a Conservatorship
Find a Qualified Attorney
- Start by finding an attorney experienced in handling conservatorships. Often, clients are family members concerned about a loved one’s capacity due to age, disability, or other issues.
Gather Necessary Information
- Collect the respondent’s detailed personal and medical history (the person who needs the conservatorship).
- Gather details about the respondent’s assets. If the conservatorship involves managing finances, you must also create a Property Management Plan.
- Compile information on all relevant family members and relatives to include them in the petition and notify them of the hearing.
Obtain Medical Documentation
- Tennessee law requires that a physician examine the respondent within 90 days before filing the petition. This affidavit should confirm the need for a conservatorship based on the respondent’s medical condition.
File the Petition
- Once all documents are prepared, file the petition in court. A copy of the petition will be served on the respondent.
Court Procedures
- The court will appoint a neutral attorney and a Guardian Ad Litem to investigate the situation. This attorney will meet with the respondent and other interested parties and then report to the court whether a conservatorship is necessary.
- The court will hold a hearing to review all evidence and determine if a conservatorship is warranted. The judge will decide who will serve as the conservator and whether the conservatorship will cover personal and financial matters.
