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.
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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