In cases where individuals can no longer handle their own life affairs, they may need to be under the protection of a trusted family member or other caretaker. This can lead to the necessity of a conservatorship. Conservators must be appointed by the court in a legal proceeding. When granted a conservatorship, the conservator is then authorized by the court to manage the affairs of the disabled or incapacitated individual (known as the conservatee). This generally applies to adults over the age of 18. It differs from a guardianship which is a similar legal relationship applied to minors under the age of 18.
If you have a family member whom you believe needs the protection of a conservatorship in Franklin, Brentwood, Nashville, or the surrounding counties of Williamson, Davidson, or Rutherford, you can turn to Shanone Emmack Attorney at Lawyer. As an attorney providing legal representation in this matter, I can answer your questions, educate you on how conservatorships work, your responsibilities should you become appointed as a conservator, and help you navigate the appointment process. I have helped numerous individuals and families in this matter. I am well-versed in applicable Tennessee law and how the courts operate in resolving conservatorship issues.
Reach out to Shanone Emmack Attorney at Law online or at (615) 205-8183 for legal guidance on Tennessee conservatorships. Your initial consultation is complimentary.
Conservatorships are typically sought for elderly relatives who may be facing mental, emotional, or physical disabilities brought on by advancing age as well as conditions such as dementia, Alzheimer’s, cancer, and other disabling diseases. They can also be sought for individuals temporarily incapacitated by a serious accident or illness. Basically, anyone over the age of 18 who, for whatever reason, becomes incapable of properly caring for themselves and their life affairs may need the protection of a conservatorship.
In seeking a conservatorship of an individual, you must prove to the court that the proposed conservatee is actually disabled and that a conservatorship would be in his or her best interests.
Under Tennessee law, disability in this matter means that the proposed conservatee needs partial or total assistance due to such conditions as mental illness, a serious injury or other illness, developmental problems, or some other form of mental or physical incapacity. Evidence of these conditions must be provided to the court by medical professionals who have examined the disabled person and who can verify that the conservator assistance is needed. The court will review testimony and evidence to decide whether or not a conservatorship is justified.
Powers of a Conservator
The decision-making powers granted to an appointed conservator can range from many to few, depending on the case. This authority can be customized by the court depending on the needs of the disabled person. Where a person’s disability is total or severe, the conservator may have full authority over all aspects of the disabled person’s life. Where the conservatee retains some functionality, the conservator may only have decision-making power over specific areas. Conservatorships may also be granted on a temporary basis when the disabled person is expected to recover. Conservatorship powers can include those involving financial, medical, legal, property, estate, and other life matters.
Conservatorships can be complicated matters, can give rise to dispute, and generally require the knowledgeable legal guidance of a skilled attorney. At Shanone Emmack Attorney at Law, you can rely on the experience and dedication I bring to effectively resolving your legal needs in this field of law.
How To Get Emergency Conservatorship In Tennessee
Obtaining an emergency conservatorship in TN can be a complex legal process that requires following to specific guidelines and procedures. If you are in need of emergency conservatorship, it is highly recommended to consult with a qualified conservatorship attorney near you in Franklin, TN at Shanone Emmack Attorney at Law who can provide personalized guidance and representation.
Below is an overview of how to obtain emergency conservatorship in Tennessee:
- Seek Legal Advice: The first step is to schedule a free consultation with an experienced conservatorship lawyer. At Shanone Emmack Attorney at Law, can assess your situation and provide personalized advice.
- Determine Legal Basis: Our attorney can help determine if you meet the legal requirements for obtaining an emergency conservatorship in TN. Generally, this requires demonstrating that there is an immediate and substantial risk to the welfare or property of an individual who lacks the capacity to make decisions for themselves.
- File a Petition: Your Franklin conservatorship attorney will assist you in preparing and filing a petition for emergency conservatorship with the appropriate Tennessee court. The petition will outline the reasons why an emergency conservatorship is necessary and provide supporting evidence.
- Provide Supporting Documentation: Your lawyer will help you gather the necessary documentation needed to support your petition. This may include medical records, evaluations, affidavits from medical professionals, and other relevant evidence that substantiates the need for emergency conservatorship.
- Court Hearing: When the petition is filed, the court will schedule a hearing to review the evidence and determine whether to grant the emergency conservatorship. Your conservatorship attorney will represent you during the hearing, presenting your case and advocating for the appointment of a conservator.
It's important to note that the process for obtaining emergency conservatorship may vary depending on your case and what is required by the Tennessee court. There may also be specific deadlines you must meet in order to be granted emergency conservatorship. Working with a skilled attorney ensures that you get the proper guidance you need in order to have the best chance of success.
Seeking Emergency Conservatorship In Tennessee?
At Shanone Emmack Attorney at Law, you can expect a personalized approach. With our years of experience, we are committed to helping clients navigate the legal process, protecting the welfare of their loved one, and achieving the best possible outcome.
Ready to learn more? Schedule an appointment to discuss your situation with me as a Franklin conservatorship attorney at (615) 205-8183 or via my online request form.
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