Collierville Family Attorney Helps You Protect Your Loved Ones

Tennessee lawyer experienced with conservatorships and guardianships 

We rarely need to ask anyone’s permission to give those closest to us the assistance they need. However, there are situations in which we may lack the legal authority to take the actions necessary to safeguard our loved ones’ welfare. This might include acting for the benefit of a minor child or disabled adult. The Collierville Law Firm can help you petition the court to become a guardian or a conservator, so that you can make your loved one receives the guidance and practical assistance they require. 

What you should know about guardianship in Tennessee

Guardianship is the legal status that conveys authority to make decisions for the benefit of a minor child. Biological parents have this right inherently and they retain guardianship unless a court intervenes to take it away. Adoptive parents are granted legal guardianship of a child when the adoption is finalized. An adult might also be granted guardianship of a minor child if:

• Both parents have died.
• Both parents have been adjudicated unfit.
• Both parents have abandoned the child.
• The child’s only parent is incapacitated and cannot fulfill the duties of a custodial parent.

Parents often name a guardian in their joint will in case they die in a common incident, leaving their children orphans. However, that nomination does not create a guardianship. The person named must still go through the court process and be appointed by a judge.

A person who petitions to be made the guardian of a minor must be:

• Eighteen years or older
• Physically and emotionally fit for custodial responsibilities
• Financially able to raise the child 
• Able to provide a proper home for the child until the age of majority 

Children aged 12 and older can give input regarding the proposed guardian.

The guardian has legal decision-making authority over matters concerning the child’s health, welfare and formative progress. In some cases, the parents might have left funds in trust for the child. The court can grant the guardian fiduciary power over those funds or can appoint a separate trustee to avoid possible conflicts of interest.

Conservatorships to care for a disabled adult in Tennessee

Under Tennessee law, a conservatorship may be created when a court determines that an adult with a disability — known as the ward — needs “partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity.” Parents of children with special needs can petition for a conservatorship when their child reaches 18. Adult children can seek conservatorship when their parents are suffering physical and mental decline with age.

Conservatorships can be temporary, permanent or limited to emergencies. A permanent conservatorship lasts until:

• The ward regains capacity.
• The ward challenges the necessity of the conservatorship in court.
• A court finds a less intrusive option is available.

Tennessee law allows for two types of conservatorships:

• Full — The conservator has the right to make all life decisions for the ward, such as financial management, healthcare, legal/contract decisions and personal choices, including where to live, what to eat, whether to obtain a driver’s license and what relationships to engage in.
• Limited — The conservator has the right to make decisions only in certain defined matters.

In Tennessee, conservatorships can be as restrictive or broad as necessary to safeguard the ward’s welfare. The ward can act independently in all areas not given to the conservator. A family lawyer can help concerned individuals and their loved ones reach agreement on the scope of a conservatorship so that it provides the proper balance of protection and autonomy.

Contact a family law attorney for guardianships in Collierville

The Collierville Law Firm provides knowledgeable counsel for concerned individual considering guardianships and conservatorships in western Tennessee. To schedule a consultation, contact us online or call 901-614-0318.