Conservatorship refers to a situation in which a person or entity (the conservator) is appointed by a court to make decisions on behalf of another adult person who has a disability. The conservator may be granted financial, medical, or both decision-making powers.
Having elderly parents who are unable to speak for themselves or take care of themselves can be very stressful for everyone involved. Sometimes, parents are too stubborn to admit that they are vulnerable. Oftentimes, people do not realize they are making foolish mistakes with their money or health care. Nevertheless, if there are serious concerns that your parent is losing their capacity, you should consult a seasoned family lawyer for help. If your parent does not have a power of attorney or advance health care directive designating someone to take care of matters for them in the event of their incapacity, family members can ask the court for a conservatorship. Tennessee law requires that a court grant a conservatorship if it finds the person in need of protection and unable to manage their own affairs.
Mental incapacity is determined by the statement of the person’s physician. An adult whose family is seeking a conservatorship may also be appointed a guardian ad litem by the court. To learn more, reach out to a Knoxville conservatorship and guardianship lawyer today.
Reach Out to Our Guardianship Lawyers in Knoxville
In contrast to a conservatorship, a guardianship involves the court-approved care and protection of a minor child. A guardianship is required when parents have terminated parental rights or when a minor child has lost both parents, and the court has to appoint a guardian for the minor child. As another example, a limited guardianship might be necessary when a minor child inherits property through the will of a deceased relative or parent. A guardianship requires court approval by following established rules and procedures just like a conservatorship.
For help establishing guardianship, contact Cole Guindi & Pienkowski to schedule a consultation with a Knoxville conservatorship and guardianship lawyer.