When a loved one can no longer make decisions for themselves due to aging, illness, or disability, it can be an emotional and overwhelming experience. In such cases, a Conservatorship may be necessary to protect their well-being and assets. In Tennessee, a Conservatorship involves a legal process that grants someone the authority to make decisions on behalf of another person.
Whether you’re seeking Conservatorship for an elderly parent, a special needs adult, or someone with a mental health condition, understanding the ins and outs of Conservatorship can help you make informed decisions.
At Douglass & Runger, our Memphis-based legal team is here to guide you through this complex process. From filing the initial paperwork to representing you in court, we ensure that your loved one’s rights and interests are fully protected.
What Is a Conservatorship?
A Conservatorship is a legal proceeding where the court appoints a person (known as the conservator) to manage the personal care and/or financial affairs of someone who is unable to do so themselves (known as the conservatee). Depending on the circumstances, the court may grant:
- Conservatorship over the Person: This type of conservatorship gives the conservator the authority to make decisions about the conservatee’s daily living arrangements, medical care, and other personal matters.
- Conservatorship over the Estate: In this scenario, the conservator is responsible for managing the conservatee’s financial affairs, including paying bills, managing assets, and handling other financial transactions.
If you’re unsure whether a conservatorship is appropriate in your situation, Douglass & Runger can help you evaluate your options. We offer compassionate and personalized legal counsel to guide you through every step.
What are the Different Types of Conservatorships in Tennessee
Conservatorships in Tennessee are not one-size-fits-all. There are several types of conservatorships that may apply depending on the individual’s specific needs:
- General Conservatorship: This is the most common form of Conservatorship and involves full authority over the Conservatoratee’s person and/or estate. It is often used for elderly individuals or those with significant disabilities.
- Limited Conservatorship: This type of Conservatorship grants the Conservator, the individual appointed by the Court, authority over specific aspects of the Conservatoratee’s life while allowing the Conservator to retain control over other areas. Limited conservatorship may be appropriate for individuals who are only partially incapacitated.
- Emergency Temporary Conservatorship: In urgent situations where an individual’s immediate safety or well-being is at risk, the Court may grant an Emergency Temporary Conservatorship. This is typically used in emergencies and lasts until a full hearing can be held.
How to Obtain a Conservatorship in Tennessee
Establishing a Conservatorship in Tennessee involves several steps:
- Filing a Petition: The process begins by filing a Petition for Conservatorship with the probate court in the county where the Conservatee resides. The Petition must include information about the Conservatee’s condition, the need for a Conservator, and the qualifications of the proposed Conservator.
- Medical Evaluation: The Court may require a medical evaluation of the Conservatee to determine whether they are incapacitated and need a conservator. This evaluation is typically conducted by a licensed physician or psychologist.
- Court Hearing: A court hearing is scheduled after the petition is filed. During the hearing, the judge will review the evidence and determine whether Conservatorship is necessary. If the Court approves the petition, an Order of Conservatorship will be issued, and the Conservator will be issued a Conservator Certificate reflecting his or her authority to make decisions on behalf of the Conservatoratee.
The legal process for obtaining a Conservatorship can be complex, time-consuming, and emotionally stressful. Having an experienced Conservatorship attorney by your side is important to navigate the legal system and advocate for your loved one’s best interests. At Douglass & Runger, we have helped countless families in Tennessee establish Conservatorships and protect their loved ones.
What is the Cost of a Conservatorship in Tennessee?
The cost of obtaining a conservatorship varies depending on the complexity of the case. Common expenses include:
- Court Fees: These include filing fees and other costs associated with the legal process.
- Attorney Fees: Working with an experienced Conservatorship attorney is essential to ensuring that the process goes smoothly. At Douglass & Runger, we provide transparent and affordable legal services to help you navigate this challenging time.
- Additional Costs: Additional costs may be involved, such as fees for medical evaluations, accounting services, and other expert assistance.
When Does a Conservatorship End?
Conservatorship typically lasts until the Conservator regains capacity, passes away, or the Court determines that it is no longer necessary. In cases where the Conservator passes away, the Conservator must finalize the Conservator’s affairs before the Conservatorship is officially terminated. This can include paying outstanding debts, distributing assets, and filing final reports with the Court.
Alternatives to Conservatorship
While Conservatorship can provide vital protection for individuals who cannot care for themselves, it’s not always the only option. Depending on your loved one’s situation, alternatives may include:
- Power of Attorney allows someone to make decisions on behalf of an individual while they are still competent.
- Revocable Living Trust can provide for the management of a person’s assets if they become incapacitated without the need for court intervention.
- Representative Payee: If the individual only requires assistance managing their Social Security benefits, appointing a Representative Payee may be simpler than Conservatorship.
Conservatorship vs. Power of Attorney: What’s the Difference?
One of the most common questions families have is: “What is the difference between Conservatorship and Power of Attorney, and how do I know which one is right for my loved one?” Both options allow someone to make decisions on behalf of another person, but Conservatorship and Powers of Attorney function differently.
A Power of Attorney is established while the individual for whose benefit the document is prepared still has the mental capacity to make decisions. A Power of Attorney is a legal document that an individual signs that appoints another individual, typically a trusted family member, as their agent and gives that person the authority to make specific decisions on their behalf, such as financial or healthcare decisions. However, the person granting the Power of attorney must be mentally competent at the time of signing the document. In the event a person lacks the mental capacity to sign the Power of Attorney due to dementia or some other physical or mental ailment, then the option of Conservatorship must be explored.
A Conservatorship is a legal proceeding where the Court appoints another individual to make decisions for an incapacitated person who can no longer manage his or her affairs. The process is much more involved because, unlike a Power of Attorney, which is voluntary, a Conservatorship is imposed and supervised by the Court. In some cases, a Conservatorship may override an existing Power of Attorney if the Court deems it necessary to protect the Conservatee’s best interests.
