Conservatorship Lawyer in Gallatin, TN

When an adult can no longer make safe decisions about their health, finances or living situation, a family member may need to ask the court for authority to help. In Tennessee, that court process is called a conservatorship. It is a serious step. The court's job is to protect the person while taking away as few of their rights as possible, so the process has requirements families should understand before they begin.

 

Families often call us when:

 

• A parent with dementia can no longer manage money or medical decisions.

• An adult child with a disability is turning 18 and will need ongoing support.

• A loved one has been injured or become ill and cannot handle their affairs.

 

How a Conservatorship Works in Tennessee

 

The petition. A family member or other interested person asks the court to appoint a conservator for a person with a disability, with only the powers that person actually needs (Tenn. Code Ann. § 34-1-101). The petition is usually filed in the county where the person lives. In Sumner County, that is the Chancery Court in Gallatin.

 

Medical evaluation. A physician or psychological examiner prepares a sworn report on the person's condition and whether a conservatorship is needed. If an exam was done within 90 days before filing, the report is filed with the petition (§ 34-3-105).

 

Guardian ad litem. The court generally appoints a guardian ad litem, usually a lawyer, who meets with the person, looks into the situation and reports to the court before the hearing (§ 34-1-107).

 

The person's rights. The person can attend the hearing, present evidence, question witnesses and have an attorney ad litem appointed to speak for them (§ 34-3-106).

 

The hearing. The court must find by clear and convincing evidence that the person is fully or partially disabled and needs the court's help (§ 34-1-126). It must also choose the least restrictive alternative that still protects the person and their property (§ 34-1-127).

 

Who serves. The court first considers someone the person chose in a signed writing, then the spouse, then children and other close relatives (§ 34-3-103).

 

After appointment. A conservator who manages money files a sworn accounting about six months after appointment and then every year, and the court reviews it (§ 34-1-111).

 

For a Child Under 18: Guardianship

 

When a child under 18 needs an adult to manage their affairs because the parents have died or cannot act, Tennessee uses a guardianship instead of a conservatorship (§ 34-1-101). We help grandparents and other relatives ask the court to be appointed guardian of a minor.

 

Alternatives to a Conservatorship

 

Because the court must use the least restrictive option, a durable power of attorney and a health care power of attorney signed while a person can still make decisions can often make a conservatorship unnecessary (§ 34-6-102). A durable power of attorney can also name the person you would want as conservator if one is ever needed (§ 34-6-104).

 

Common question: power of attorney vs. conservatorship. Planning ahead? See power of attorney and advance directives.