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Conservatorship in Tennessee

Nashville Blog 2016 June Conservatorship in Tennessee
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Conservatorship in Tennessee

Posted By David Whittaker, Attorney at Law || 14-Jun-2016

If you have a loved one who is unable to properly care for themselves and make important financial decisions due to advanced age or a disability, it may have come to the point where your loved one needs a conservator.

“Conservators” are for adults who are disabled, whereas “guardians” are for children. Under Tennessee law, a disability doesn’t have to be physical; the disability can be mental as well. For instance, an adult suffering with dementia or Alzheimer’s may be considered “disabled” even though they have no issues with mobility.

Essentially, if an adult has a mental or physical condition where they have difficulty doing things, such as paying their bills, or entering into a contract, they may benefit from having a conservator.

Not All Disabled Individuals Need Conservators

Just because an adult is disabled, it does not mean that he or she needs a conservator. A person can live well into their 90s without a conservator if they are mentally sharp. Rather, conservators are used by disabled adults when they need help with legal issues, such as:

  • Paying their bills
  • Managing their finances
  • Entering into a legal contract
  • Buying real estate
  • Selling real estate
  • Receiving or refusing medical care

If more than one individual is interested in becoming someone’s conservator, the court will have to decide which person is right for the job. The court typically appoints conservators in the following order:

  • Someone who the disabled person named in a legal document
  • The spouse
  • A child
  • Another close relative

Depending on the unique situation, the court will determine the extent of the conservator’s duties. Generally, the court will make the conservator responsible for the disabled adult or their property. This is called conservatorship of the “person” and/or “property.”

As a conservator over the “person,” the conservator makes decisions, such as where the disabled adult will live, and whether the disabled person should receive certain medical care.

The conservator of the estate is in charge if the disabled person’s financial affairs. In this case, the conservator must protect the individual’s property and use it for their support and well-being. The conservator of the estate must keep detailed records and account to the court periodically.

To learn more about conservatorships of the person and the estate, contact my Nashville probate firm for a free consultation!

Categories: Conservatorship

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David Whittaker, Attorney at Law

Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
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Call Today: (888) 492-4735
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