Conservatorships

Conservatorships with Compassion

If you have a loved one who is disabled or an incapacitated adult, you may need legal authority to manage their affairs. The best solution is to go through a conservatorship – a legal proceeding where the court will appoint an individual or entity to be responsible for making the decisions that are in the best interest of that person.

Advantages of Conservatorships

The conservator can be responsible for handling medical decisions, financial decisions, or both. Like a conservatorship, the court appoints guardianship to an individual to either partially or fully supervise an individual under the age of 18. The appointed guardian can make parental decisions regarding the child, such as where he/she can go to school, health care issues, and what to do with the child’s property.

In Tennessee, there are alternatives to conservatorship when the individual’s capabilities vary. For less restrictive means to guide money management, a family may decide to utilize a joint bank account or representative payee. If an individual with intellectual disabilities can make decisions with support and assistance from a trusted family member, families may use supported decision-making to give the individual a sense of autonomy with added guidance. Families may also create special needs trusts to ensure their loved one is cared for.

A conservatorship comes with certain unique advantages, including:

  • With a conservatorship, you can make decisions for your loved ones. This gives other family members the assurance of knowing that the incapacitated individual is in good care.

  • A conservatorship also provides you with legal authority to deal with third parties (banks and similar financial institutions) on behalf of your loved one.

  • Conservatorships can require court approval, meaning the judge can approve certain vital decisions.

Establishing a conservatorship in Tennessee is no easy feat. Fortunately, a probate litigation attorney in Nashville can guide you through the process. Get in touch with a lawyer to start building your case today.