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Conservatorships and Caring for Disabled Persons

A 2017 study of Americans published on Bloomberg.com cited that 25% of Americans ages 58-60 surveyed considered themselves in “poor” or “fair” health1.  The study related to conservatorship and caring for disabled persons cited that 11% of this same age group suffered from some form of dementia or cognitive decline1.  This age group falls directly within the demographic of “baby boomers”, those Americans born between 1946 and 1964.  Current estimates establish that 10,000 baby boomers are retiring per day in the United States.

Wills and Powers of Attorney

These statistics show that parents, grandparents, aunts, uncles, brothers, sisters, and friends can be experiencing health issues related to aging.  Proper estate planning, including having an adequate Will and Powers of Attorney, is the best way to protect one’s interests.  However, what happens if a person becomes mentally or physically disabled and is no longer able to manage their affairs?

Tennessee Conservatorship Laws

Tennessee law provides for such individuals to be granted a conservatorship.  In a conservatorship proceeding, a third-party petitioner files a petition with a court highlighting the circumstances surrounding the disabled person’s disability and their relationship with the disabled person.  Generally, the petitioner/prospective conservator is a relative of the disabled person. However, the law allows any individual not sentenced to prison to serve as a conservator. 

Doctor Examination

In the conservatorship filing, a doctor must examine the disabled party and determine their inability to manage affairs. The petitioner must also notify the disabled person and their closest relatives about the conservatorship request in case they want to contest it.

Court Ultimately Makes Determination

A court appoints a neutral attorney, the guardian ad litem, to investigate. This attorney determines if the person needs a conservator by assessing their disability. The guardian ad litem consults with the disabled person and petitioner. They report on the conservatorship’s justification. The Court then decides if a conservatorship is necessary.

Conservator Responsibility

A conservator, once appointed, may manage the property of a disabled person.  However, the conservator is deemed a fiduciary of the disabled person and must file an initial inventory of the disabled person’s property.  Additionally, the conservator must file periodic accountings of the disabled person’s property.  The conservator also may be liable for wrongful actions or failing to file timely reports while acting as conservator. 

If you are concerned about a family member or friend’s ability to manage their affairs, call Amanda Crowell at (615) 449-4848 to discuss conservatorships.

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1: https://www.bloomberg.com/news/articles/2017-10-23/americans-are-retiring-later-dying-sooner-and-sicker-in-between

2: https://www.investopedia.com/articles/personal-finance/032216/are-we-baby-boomer-retirement-crisis.asp

Author

  • Amanda Crowell

    Amanda Crowell has been a practicing attorney since 1993.  She graduated in 1989 with high honors from the University of Tennessee where she was a member of Phi Beta Kappa.  She earned her law degree from the University of Tennessee in 1992.

Probate Law


Amanda Crowell

Amanda Crowell has been a practicing attorney since 1993.  She graduated in 1989 with high honors from the University of Tennessee where she was a member of Phi Beta Kappa.  She earned her law degree from the University of Tennessee in 1992.