Conservatorships & Guardianships

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Your Trusted Conservatorship Lawyer in Murfreesboro, TN

Watching a loved one struggle to manage their daily life or finances can be heartbreaking. Whether your parent is facing advancing dementia or a family member has suffered a devastating illness, you want to ensure they’re protected and well-cared for. Conservatorships are also used for persons of all ages with intellectual or developmental disabilities. That’s where a conservatorship lawyer in Murfreesboro, TN, can make all the difference.

A conservatorship gives you the legal authority to make important decisions and manage affairs on your loved one’s behalf, providing peace of mind during challenging times. While taking this step may feel overwhelming, our experienced team can guide you through each phase with compassion and understanding.

What Is a Conservatorship?

A conservatorship is a legal arrangement where a court appoints a responsible person or entity (the conservator) to manage the personal or financial affairs of someone who is unable to do so (the ward).  This arrangement is designed to protect vulnerable individuals, such as elderly adults, those with dementia or other mental impairments, those with intellectual or developmental disabilities, or individuals incapacitated by illness or injury.

If a court appoints someone to manage financial matters, that person is usually called a “conservator of the estate,” while a person in charge of medical and personal decisions is a “conservator of the person.”  Both types of conservators are supervised by and held accountable to a court.  Often, a conservator can be appointed to manage both the ward’s financial affairs and medical and personal decisions. 

Think of a conservatorship as a safety net designed for your loved one’s unique situation. When you become a conservator, you step in to handle the things they can no longer manage — whether that’s paying bills, choosing the right medical care, or deciding where they’ll live. Every family’s journey is different, which is why it is important to seek the assistance of a lawyer to help put forth an appropriate plan before the court that fits your loved one’s specific needs. As a conservator, you’ll help protect their wellbeing and make sure they receive the best possible care while safeguarding their money and property.

Types of Conservatorships in Tennessee

There are three different types of conservatorships available in Tennessee:

General Conservatorships

These conservatorships are often established for individuals who need ongoing assistance managing all aspects of their lives, including personal and financial matters.

Limited Conservatorships

This is for individuals who require help in specific areas, such as financial management or medical care, but retain the ability to handle other aspects of their lives.

Emergency Conservatorships

An emergency conservatorship can be temporarily established in urgent situations where immediate intervention is needed to protect the conservator from harm.

How a Conservatorship Lawyer in Murfreesboro, TN, Can Help

The process of establishing a conservatorship can be legally and emotionally challenging. Hudson, Reed & Christiansen, PLLC can provide the guidance and support needed to handle the process efficiently and compassionately. Here’s how:

Assessing Your Needs

Every situation is unique, and a skilled attorney will take the time to understand your circumstances. Whether you’re seeking to establish a conservatorship for a parent, child, or other loved one, your lawyer will help determine the most appropriate type of conservatorship.

Filing Petitions

Establishing a conservatorship requires filing a court petition and providing documentation demonstrating the need for this arrangement. It is also necessary to submit medical documentation substantiating that the ward is not competent to handle their affairs.  Your lawyer will ensure that all paperwork is completed accurately and submitted promptly.

Guardian Ad Litem

The Court will generally appoint a Guardian Ad Litem for the ward.  A guardian ad litem (also referred to as a “GAL”) is a neutral third party appointed by the court to investigate the situation of the ward, including the ward’s physical and mental capabilities, and then provide the court with a report and recommendation regarding the best course of action.

Representation in Court

Court hearings are a critical part of the conservatorship process. An experienced attorney will represent your case, advocating for the best interests of the ward and addressing any challenges or objections that may arise.

Ongoing Support

Once a conservatorship is established, your lawyer can assist with compliance, reporting requirements, and any modifications that may become necessary as the ward needs change.

Frequently Asked Questions About Conservatorships

Who Can Be a Conservator?

Family members such as parents, adult children, or siblings are typically appointed as conservators. However, a trusted friend or a professional fiduciary may also serve in this role.

What Are the Responsibilities of a Conservator?

A conservator’s duties vary depending on the type of conservatorship but may include:

  • Managing finances and paying bills
  • Ensuring the ward’s medical and personal care needs are met
  • Overseeing living arrangements
  • Protecting the ward’s assets

How Long Does It Take to Establish a Conservatorship?

The timeline can vary depending on the complexity of the case, the need for emergency measures, and the court’s schedule. Your lawyer can provide an estimated timeline based on your specific situation.

What Are the Alternatives to Conservatorship?

Conservatorship isn’t the only solution for protecting a loved one. Alternatives include:

Power of Attorney

Power of attorney allows someone to make decisions on behalf of an individual as long as the power of attorney is executed by the individual while they are still competent.

Revocable Living Trust

A trust can manage a person’s assets if they become incapacitated, avoiding court intervention.

Tennessee Special Needs Trust (“SNT”)

A special needs trust (SNT) in Tennessee is a trust that provides financial support for a person with special needs while preserving their eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI).

Representative Payee

Appointing a Representative Payee may be a simpler option for those who only need help managing Social Security benefits.

Can a Conservatorship Be Challenged or Terminated?

Yes. If there are concerns about the conservator’s actions or the ward’s ability to regain independence, the court can review, modify, or terminate a conservatorship.

When Does a Conservatorship End?

A conservatorship typically ends when the ward regains the ability to manage their affairs, passes away, or if the court determines that the conservatorship is no longer necessary. The court will formally dissolve the arrangement in these instances.

Trusted Guidance for Conservatorships

Navigating the intricacies of conservatorships requires experience and an expert understanding of Tennessee’s laws. At Hudson, Reed & Christiansen, PLLC, we are dedicated to providing compassionate, knowledgeable support to families in Murfreesboro and beyond.

If you’re looking for a conservatorship lawyer in Murfreesboro, TN, contact us today. We’re here to guide you through every step of the process and ensure the safety and wellbeing of your loved ones.

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