A conservatorship is established through a legal process wherein a court-appointed individual or entity, known as the conservator, assumes responsibility for making decisions on behalf of another adult deemed to have a disability. The decision making powers conferred upon the conservator can be financial, medical or both, with all decisions made in the best interests of the individual with the disability. In Tennessee, the establishment of a conservatorship adheres to procedures mandated by the state legislature and overseen by the court. The court, and likely a court-appointed guardian ad litem, will assess various factors to determine the suitability of a proposed conservator.
These factors include the specific needs of the individual with the disability, the proposed conservator’s relationship to the individual, their trustworthiness, character, and the presented plan for the disabled individual’s care. Additionally, the court may seek confirmation of the individual’s disability from medical professionals. Given the complexity of the process, seeking representation from a knowledgeable attorney is highly advisable. Elizabeth Maxey Long represents clients in conservatorship matters across East Tennessee.
A guardianship is similar to a conservatorship, however, it relates to the court-approved care and protection of a minor child. A guardianship becomes necessary when parental rights have been terminated or a minor child’s parents have passed away. Another example would be where a limited guardianship becomes necessary when a minor child has acquired an interest in real or personal property through the estate of a deceased parent or relative. Like a conservatorship, a guardianship requires court approval via established legal procedures.
