Franklin Conservatorship Lawyers
A conservatorship is a legal relationship that is created by a court order. It removes the decision-making authority from one individual and vests that authority in another trusted individual appointed by the court. A conservatorship may be needed for individuals that do not have a Power of Attorney and do not have or may have lost the mental or physical ability to make informed decisions about legal, financial, or medical issues. If you are appointed by the court, you can make these decisions on behalf of the individual. There can be limited, or full conservatorships and they can be just over a person, just their property, or over both person and property. A limited conservatorship means that decision-making authority is given over some decisions, but not all, while a full conservatorship means decision-making authority is given over all decisions for the individual.
Persons who have an illness, disability, injury or who are aging may need a conservator.
Who can be appointed as conservator? According to Tennessee law, the court will look at what is in the best interests of the individual needing the conservatorship. This may be a person designated by the individual, a spouse, any children, close relative, or other.
In the alternative, if a person has the mental capacity required, that person may still execute a Power of Attorney granting another the legal authority to make healthcare and/or financial decisions.
If you have questions about whether you should file a request to become conservator for an individual, please contact our office and we can guide you through the process.