Protecting Your Loved Ones Through Conservatorship

It is devastating to realize that a parent or loved one is facing problems with mental or physical incapacity. When a loved one is no longer able to care for himself or herself, you may consider seeking a conservatorship.

I am attorney Allen R. Daubenspeck. Whether your loved one needs assistance due to aging or other reasons that led to incapacitation, a conservatorship can ensure that he or she receives necessary assistance. I can assist in taking control of matters now, rather than in the future when the situation may be even more complex.

What Is Conservatorship?

Tennessee courts recognize both "conservatorship of the person" and "conservatorship of the estate." The former refers to managing medical or personal decisions of the individual, while the latter refers to managing financial matters. The conservator, or individual responsible for managing the affairs, is often a family member. The same individual can fulfill both positions. If the incapacitated individual has a durable power of attorney in place, a conservatorship may be unnecessary.

The Process Of Requesting Conservatorship For A Loved One

The conservatorship process typically begins with a letter from the treating physician of your loved one, stating his or her concerns about the individual's ability to continue caring for himself or herself. The process that follows to seek conservatorship of the person, estate or both could include:

  • Completing an inventory of the estate
  • Creating a written asset management plan
  • Obtaining appropriate bond for the conservator of the estate
  • Submitting receipts and major purchases annually to the court, as part of a yearly accounting

Conservators of the estate must be appropriately bonded to guard against mismanagement of estate funds. While the judge may waive this requirement at his or her discretion, it is more likely to be demanded if the estate has significant assets.

Legal Assistance In Conservatorship Disputes

If you need to contest a conservatorship or find that your own role as conservator is being challenged, I can offer experienced legal guidance. Such contests can quickly become contentious as they typically involve family members. My goal is to protect both the interests and well-being of the affected individual while advocating for you.

Protect The Interests Of Your Loved Ones By Consulting With A Lawyer

I can assist in establishing a conservatorship for an aging parent or in avoiding the future need altogether by incorporating a durable power of attorney into your estate plan. Schedule a free in-person consultation at my Murfreesboro office. Call me at 615-956-0148 or contact me online.