What is the Process for a Conservatorship?

A conservatorship is about one thing — protecting someone who can no longer manage their own affairs. It’s a legal process that gives you the authority to make important decisions for a loved one who’s unable to do so due to age, illness, or disability.

Think of it as stepping in to safeguard their well-being, finances, and day-to-day care. Without a conservatorship in place, decisions could fall into the hands of the court, which may not reflect what your family wants.

The process starts with filing a petition in court, showing that your loved one needs help managing their life. From there, the court will assess the situation and appoint a conservator.

It’s not just about taking control — it’s about providing security and peace of mind for your loved ones when they need it most.

Navigating the process of establishing a conservatorship can be complex and emotional. Here’s a clear breakdown of what you can expect if you’re considering this legal route for a loved one.

 

Steps to Establish a Conservatorship

Find a Qualified Attorney

  • Start by finding an attorney experienced in handling conservatorships. Often, clients are family members concerned about a loved one’s capacity due to age, disability, or other issues.

Gather Necessary Information

  • Collect the respondent’s detailed personal and medical history (the person who needs the conservatorship).
  • Gather details about the respondent’s assets. If the conservatorship involves managing finances, you must also create a Property Management Plan.
  • Compile information on all relevant family members and relatives to include them in the petition and notify them of the hearing.

Obtain Medical Documentation

  • Tennessee law requires that a physician examine the respondent within 90 days before filing the petition. This affidavit should confirm the need for a conservatorship based on the respondent’s medical condition.

File the Petition

  • Once all documents are prepared, file the petition in court. A copy of the petition will be served on the respondent.

Court Procedures

  • The court will appoint a neutral attorney and a Guardian Ad Litem to investigate the situation. This attorney will meet with the respondent and other interested parties and then report to the court whether a conservatorship is necessary.
  • The court will hold a hearing to review all evidence and determine if a conservatorship is warranted. The judge will decide who will serve as the conservator and whether the conservatorship will cover personal and financial matters.

 

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