There may come a time when someone you love is no longer able to make safe or informed decisions regarding their health, finances, or daily care. Whether due to dementia, Alzheimer’s disease, a developmental disability, traumatic brain injury, mental illness, or another condition affecting decision-making, families are often faced with difficult choices about how to protect a vulnerable loved one.
At Elizabeth Maxey Long, Attorney at Law, PLLC, we help families throughout Tennessee navigate the conservatorship process with compassion, professionalism, and practical guidance. We understand that seeking a conservatorship is never an easy decision. Our goal is to help you understand your legal options while making the court process as smooth and efficient as possible.
If you believe a loved one can no longer safely manage their personal or financial affairs, we can guide you through every step of establishing a conservatorship under Tennessee law.
A conservatorship is a legal proceeding in which a Tennessee court appoints a responsible individual or qualified entity (known as the Conservator) to make decisions for an adult who has been determined to have a disability that prevents them from managing certain aspects of their life independently.
The individual for whom the conservatorship is established is known as the Respondent.
Unlike simply assisting a loved one with day-to-day tasks, a conservatorship grants legal authority to make decisions that the Respondent is no longer able to make safely on their own. The court determines exactly which rights, if any, should be transferred to the Conservator.
Every conservatorship is tailored to the individual’s specific circumstances. Some conservatorships provide only limited authority, while others grant broader decision-making powers depending on the person’s needs.
A conservatorship may become necessary when an adult is unable to make informed decisions and has not previously executed legal documents, such as a Durable Power of Attorney or Advance Directive for Health Care, authorizing someone else to act on their behalf.
Common situations include:
Every situation is unique. During your consultation, we will discuss whether a conservatorship is appropriate and explain the legal requirements under Tennessee law.
Depending on the court’s order, a Conservator may be authorized to make decisions involving:
Financial Matters
A Conservator may be responsible for:
Personal and Medical Decisions
The Conservator may also be authorized to:
The court carefully defines the Conservator’s authority. Conservators are expected to act at all times in the Respondent’s best interests and comply with Tennessee law and ongoing court requirements.
Establishing a conservatorship involves several important legal steps.
Although every case is different, the process generally includes:
The court carefully considers whether a conservatorship is appropriate and what powers should be granted. Tennessee courts seek to preserve as much independence as possible while ensuring that vulnerable adults receive the protection they need.
The court’s primary concern is the best interests of the Respondent.
When determining whether to appoint a proposed Conservator, the court may consider factors including:
The court may also consider the Respondent’s own preferences when appropriate.
Being appointed as a Conservator is a significant legal responsibility.
Depending on the court’s order, Conservators may be required to:
Our office assists Conservators throughout the process, helping them understand their ongoing responsibilities after appointment.
Can a Conservatorship Be Avoided?
In some situations, yes.
One of the primary goals of comprehensive estate planning is preparing for the possibility of incapacity before it occurs.
For many individuals, executing documents such as:
allows trusted family members to assist with financial and healthcare decisions without the need for a conservatorship.
However, if those documents were never signed or are no longer sufficient to address the circumstances, a conservatorship may become necessary.
This is one reason we encourage every adult to have a comprehensive estate plan in place before a crisis arises.
Although the terms are sometimes confused, guardianships and conservatorships are not the same.
A conservatorship generally applies to adults with disabilities who require assistance making financial or personal decisions.
A guardianship involves the court-appointed care and protection of a minor child.
A guardianship may become necessary when:
Like conservatorships, guardianships require court approval and judicial oversight to ensure the child’s best interests are protected.
Families facing conservatorship proceedings are often navigating emotionally difficult circumstances while trying to make important legal decisions for someone they deeply care about.
Elizabeth Maxey Long provides compassionate, personalized representation while helping clients understand each step of the process. She works closely with families to prepare the necessary court filings, explain legal requirements, and guide them through the proceedings with confidence.
Clients appreciate her practical approach, clear communication, and commitment to helping families protect vulnerable loved ones while complying with Tennessee law.
The court often appoints a trusted family member, but other qualified individuals or entities may serve when appropriate. The court’s primary concern is selecting someone who will act in the Respondent’s best interests.
Not necessarily. Some individuals have previously signed Durable Powers of Attorney and Advance Directives that allow trusted individuals to assist them without court involvement. Whether a conservatorship is necessary depends on the person’s circumstances and the legal documents already in place.
The duration depends on the individual’s condition and the court’s orders. Some conservatorships continue indefinitely, while others may be modified or terminated if circumstances change.
No. A Power of Attorney is voluntarily signed by a competent individual before incapacity occurs. A conservatorship is established by a court after it determines that an adult needs assistance managing certain affairs.
If you are concerned about the safety or well-being of an adult loved one who may no longer be able to manage financial or personal decisions independently, Elizabeth Maxey Long, Attorney at Law, PLLC can help you understand your options.
Whether you are considering a conservatorship, have questions about guardianship, or want to plan ahead through comprehensive estate planning, our office is committed to providing knowledgeable, compassionate legal guidance throughout the process.
Contact our office today to schedule a consultation and learn how we can help protect the people who matter most.
