A conservatorship is awarded to an individual (called a conservator) so that he or she can make healthcare and financial decisions of another adult over the age of 18 in the event of temporary or permanent incapacitation. If an adult is deemed incapacitated, and therefore unable to care for themselves or make important decisions due to aging, mental or physical disability, or a temporary incapacitating condition, a judge may award a conservator with the power to manage the individual and his or her property.
This is commonly seen in families with aging parents or individuals with a debilitating condition affecting their mental faculties, such as dementia and Alzheimer’s disease. The conservator is appointed by the court to protect the individual’s well-being and make important healthcare, financial, and legal decisions. A conservator will be legally bound to follow a property management plan established by the court and is not allowed to sell the property without court approval.
A conservatorship usually becomes necessary when an individual loses the ability to make decisions or care for themselves before setting in place a power of attorney and medical power of attorney. Even if those documents were signed, a conservatorship might still be required if the power of attorney documentation is deemed fraudulent or invalid by a court, or if the agent acting under the power of attorney is abusing his position.
A conservatorship can be contested if family members do not agree on who should serve as the conservator. When that happens, the court may assign a third party to care for the disabled or senior person until the family can reach an agreement or finalize any litigation in court.
When a minor’s parents cannot care for the child, a probate court will assign a caretaker that will protect the child’s physical and mental well-being and make important decisions on his or her behalf. If the minor has any significant assets, such as inheritance properties or proceedings from life insurance, the legal guardian may also provide supervision and make decisions regarding the child’s assets to preserve them and adequately manage them until the child is no longer a minor and is capable of making sound decisions on their own.
In most cases, guardianships automatically end when the minor turns 18, unless he or she suffers from any type of incapacitating disability that prevents them from looking after themselves and making money-related decisions. In other cases that do not involve a permanent disability, a guardian or parent can file for a petition requesting to extend the guardianship up until the child’s 25th birthday, which is the maximum duration allowed for a guardianship. In order to do that, the parent or guardian must show enough evidence to the court that this extension is necessary and must provide a solid argument on why it should continue.
In the case of a guardianship that includes management of the minor’s property or financial assets, the court will issue an order determining what expenditures will be authorized by the court to manage the minor and any assets. This protects the minor’s assets by not allowing a guardian to engage in unauthorized expenditures or sale of property without court permission.
Going through a petition for a conservatorship or guardianship can be a complicated and time-consuming process in Tennessee. This is especially true in contested cases. It is strongly recommended that you hire an experienced attorney with an estate planning and probate background to walk you through this process, so you can focus on preserving your loved one’s assets and giving your loved one the care he or she deserves.
At Crow Estate Planning and Probate, PLC, we have handled countless guardianship and conservatorship cases in the following list of counties and can offer you the legal advice, support, and knowledge you and your family are looking for.
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Mr Crow and his staff are amazing! Especially the person assigned to my account, so a special thank you to Callie! Callie answered all of my questions and set expectations during a very confusing time in my life. Mr Crow and his team worked diligently with my specific situation and were very results driven. I would recommend Crow Estate Planning and Probate to anyone looking for an estate or probate attorney.
Today my wife and I completed (at Crow Estate Planning and Probate) our Will, Living Will, Power of Attorney for Finance and Medical. As a Tennessee CPA for over 20 years (now retired), I’d like to leave this review so that others may benefit. Our experience rating with with Crow Estate Planning and Probate is EXCELLENT. Our legal team was Kyle Shannon, Callie and Julia. This team was competent, courteous, and professional. They made a potentially complex experience “easy” despite multiple minor trusts involved. The charge for professional services rendered was very reasonable. My wife (Denise) and I would like to thank Kyle and his team (Callie and Julia) for a great experience that exceeded our expectations. I will return for legal needs and I will refer family and others to Kyle, Callie and Julia.
I’m very grateful to Mr. Shannon and Callie for the great job they did taking care of my muniment of title. Everyone in Mr. Shannon’s office was exceedingly kind and helpful.
They are caring, very helpful and not too expensive. I would recommend them to anyone that wants to plan for their future death and their children.
Crow Estate Planning was caring, professional and took great care of our family. John personally prepared my mother’s estate and completed her final wishes. Their staff was always friendly and eager to assist. Our family strongly recommends John and Crow Estate Planning
Mr. Crow and his staff were very knowledgeable, prompt and pleasant to work with in the estate planning process. Very satisfied clients and highly recommend!
Working with Kyle Shannon and Brittney Stewart to setup our Living Trust was nothing short than amazing! Very informative, very responsive, and made the whole process easy to complete.
It was an absolute pleasure to work with Kyle establishing my Estate planning needs. Kyle was very thorough and knowledgeable. Kyle’s understanding and professionalism made for a simple and smooth process. Highly recommended!
Be far the best estate planning firm in Clarksville.
Warmly greeted. Attorney was very attentive to our needs. Reasonable fees.
Thomas Steelman 
Crow Estate Planning 
Julia Mynhier 
