Why we recommend avoiding a conservatorship and how a conservatorship attorney can help your family.
Avoiding a Conservatorship in Tennessee
Under Tennessee law, when someone becomes incapacitated, a family member or other interested adult must go to probate court and file a petition for a conservator to be appointed. The petition must include a sworn statement by a physician who has seen the disabled person (“the “Respondent”) in the preceding 90 days and who states that a conservator is needed to protect the person or property of the Respondent. The court appoints another lawyer (the “Guardian ad Litem”) to investigate the affairs of the Respondent and report back. If the petition is contested the court will appoint a third lawyer (the “Attorney ad Litem”) and set a hearing.
Not only is this an expensive process, it can provoke a family fight. Who will be the conservator? Do other family members trust him or her?
At Elder Law of Nashville, we want to ensure that our clients avoid the conservatorship process, if possible, by signing powers of attorney so that a trusted agent can make decisions about finances and healthcare.
How Does a Conservatorship Attorney Help?
A conservatorship lawyer familiar with these documents can answer your questions and help you prepare for the future. Elder Law of Nashville can also help you decide who will be your agent under those appointments.
If the process cannot be avoided, however, we can represent you in making sure that a conservator is appointed to advocate and care for your incapacitated relative.
If you need help navigating a conservatorship in Nashville, Tennessee, visit our conservatorships page or contact our team of conservatorship attorneys today!