CONSERVATORSHIPS

Memphis Conservatorship

Laws in every state (including Tennessee) presume that a person over the age of eighteen years is fully capable and able to make decisions concerning their personal care and the management of their affairs. In most cases, this presumption continues until the person dies. However, what if an adult is over the age of eighteen years and is incapable of properly caring for him/herself? Or, what if someone had capacity to care for him- or herself in the past but does not possess this capacity any longer? In such a situation, a conservatorship may be the answer.

Do you have an adult loved one who is no longer able to properly able to care for him/herself? Or is a family member or other person claiming you cannot properly care for your own needs and manage your personal affairs? The dedicated conservatorship lawyers at Douglass & Runger, PLLC, Attorneys at Law, can provide legal representation to parties who find themselves involved in conservatorship proceedings.

What Is A Conservatorship?

A conservatorship is a court-ordered and court-approved arrangement where one individual (the conservator) is appointed to look after the well-being of another adult. The other adult must be found by the court to be disabled under the law and it also must conclude that establishing a conservatorship is the least restrictive means available to protect the interests and well-being of the person. If approved by the court, a conservator receives the power to make healthcare, financial, and other decisions on behalf of the other individual as necessary. A conservator must act to protect the health and well-being of the other person: a conservator cannot use his or her position to defraud the other person or take advantage of him or her.

How Is A Conservatorship Established?

The process to establish a conservatorship is designed to ensure that no person is given authority over the affairs of another person without there being a necessity for doing so. The process is designed to afford the person over whom a conservatorship is sought the opportunity to demonstrate to the court that a conservatorship is not necessary.

The steps in establishing a conservatorship include:

Filing a petition

With the court indicating the person over whom a conservatorship is sought and identifying the proposed conservator. The petition must set forth the facts and circumstances the person filing the petition believes makes a conservatorship appropriate. The petition will usually be accompanied by medical documents that corroborate the need for a conservator.

Appointment of a guardian ad litem

By the court. This person is an attorney whose duty it is to make an independent investigation into the facts and circumstances surrounding the request for a conservatorship and determine what is in the best interests of the person over whom conservatorship is sought. The guardian ad litem will typically interview the person as well as any of that person’s doctors or healthcare providers before making recommendations to the court.

A decision by the court

After a hearing. The petitioner (the one who filed the request for a conservatorship), the person over whom the conservatorship is sought, and the guardian ad litem all have an opportunity to be present and participate in the hearing. At the conclusion of the hearing, the court will render a decision and either deny the petition or appoint a conservator for the individual.

Let Us Help

For more information about our firm and our approach to the practice of probate law, contact our office. Call (901) 388-5805 to schedule a confidential consultation and case review today. Douglass & Runger, Attorneys at Law, serve clients throughout Memphis, Shelby County, and the surrounding areas.

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Practice Areas

Family Law Divorce Adoption Probate Law Business Law