Conservatorship refers to a situation in which a person or entity (the conservator) is appointed by a court to make decisions on behalf of another adult person who has a disability. The conservator may be granted financial, medical or both decision making powers.
Having elderly parents who are unable to speak for themselves or take care of themselves can be very stressful for everyone involved. Sometimes, parents are too stubborn to admit that they are vulnerable. Often times people do not realize they are making foolish mistakes with their money or health care. Nevertheless, if there are serious concerns that your parent is losing their capacity, you should consult a lawyer for help. If your parent does not have a power of attorney or advance health care directive designating someone to take care of matters for them in the event of their incapacity, family members can ask the court for a conservatorship. Tennessee law requires that a court grant a conservatorship if it finds the person in need of protection and unable to manage their own affairs.
Mental incapacity is determined by the statement of the person’s physician. An adult whose family is seeking a conservatorship may also be appointed a guardian ad litem by the court.
Guardianship Lawyers in Knoxville, TN
In contrast to a conservatorship, a guardianship involves the court-approved care and protection of a minor child. A guardianship is required when parents have terminated parental rights or when a minor child has lost both parents and the court has to appoint a guardian for the minor child. As another example, a limited guardianship might be necessary when a minor child inherits property through the will of a deceased relative or parent. A guardianship requires court approval by following established rules and procedures just like a conservatorship.
Contact a Knoxville Conservatorship & Guardianship Lawyer
Are you ready to speak to a top conservatorship and guardianship lawyer in Knoxville TN? No matter what your Tennessee family law matter entails, you can be rest assured that our Knoxville law firm has the knowledge and skill needed to represent you. We focus exclusively on family law and are prepared to provide the tailored representation and counsel that you need to get the best possible results. Set up your consultation today!