Conservatorships in Tennessee

Being in a position to ask the Court to establish a Conservatorship in Tennessee for someone is hard. However, that person may not receive the appropriate medical care or state benefits unless you do. The Court sets up Conservatorships for those who cannot handle their needs. There are usually two situations where a Conservatorship is needed:  for a disabled child or parent.

One situation is when a disabled child becomes a disabled adult, and their parent can technically no longer make decisions for them. This prevents the parent from ensuring their child receives their state and/or health benefits. It also leaves the children vulnerable to other adults who may want to take advantage of them.

In Tennessee, parents have the right to Petition the Court to become their children’s Conservator. The Court will review the child’s medical history and determine if a Conservatorship is warranted. If it is, the parent (or sometimes another family member) is appointed Conservator.  And can continue to make decisions for their children past the age of 18.

At other times, a parent becomes disabled, and someone must be appointed to take care of their medical and financial decisions. Who becomes the Conservator can sometimes be a question to be litigated.

The law in Tennessee sets out a list of people who may be Conservator, and sometimes someone on the list may not be the right person. Other times, an adult has prepared a Health Care Power of Attorney that details exactly who they want to appoint a Conservator. It may be someone completely unrelated to them.

How Conservatorships in Tennessee are Appointed

With the help of a Guardian Ad Litem (a court-appointed attorney whose job is to advocate for the ward), the Judge will determine who the Conservator will be.

Once a conservatorship is established, a bond usually must be posted.  This is how the Conservator manages the ward’s money faithfully. The Conservator must account for the ward’s money to the Court every year. The Conservator may also petition the court to be reimbursed each year for their time as Conservator. They may also petition the Court to have their attorney fees reimbursed for the appointment of the Conservator.

The process may seem daunting but can often be accomplished within weeks. In Wilson, Smith, and Macon Counties, the Probate, Chancery, and sometimes Circuit Court can hear Conservatorship matters.  If you have questions about Conservatorships in Tennessee contact us at https://www.kane-law.com/contact-us