Conservatorship & Guardianship
Guardianship Lawyer in Knoxville
Court Appointments to Protect Minors & Vulnerable Adults in Knoxville
When an adult can no longer manage personal, medical, or financial affairs because of age, disability, or incapacity, a Tennessee court may appoint a conservator. This court-supervised arrangement is called a conservatorship. A guardianship generally gives a court-appointed guardian responsibility for a minor’s care, property, or both. Because either process can affect the protected person’s rights, petitions, notice, supporting evidence, and the authority requested must be addressed carefully.
To schedule a case review about a guardianship or conservatorship, call (865) 424-7225 or contact us online.
Conservatorships in Tennessee
Adults who are physically or mentally incapacitated may need a trusted person to manage personal, medical, or financial matters on their behalf. A Tennessee conservatorship requires a court process in which the petitioner files a verified petition, provides required notice and service to interested persons, and presents medical or psychological evidence when required. The court then determines whether a conservatorship is appropriate, what authority to give the conservator, and who should serve. This process gives the respondent, meaning the adult whose rights may be affected, due process before authority is transferred.
A conservator may receive authority over the person, property, or both. That authority can include particular medical, daily-living, or financial decisions, rather than every aspect of the respondent’s life. The court can establish a limited conservatorship when the adult retains some ability to function and remain semi-independent. Once appointed and issued the appropriate Letters of Conservatorship, the conservator has fiduciary duties, meaning legal duties to act in the respondent’s best interests and comply with court requirements.
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Guardianships in Tennessee
Guardianship is distinct from conservatorship: in Tennessee, guardianship generally concerns minors, while conservatorship generally concerns adults. A guardian of the person may be appointed by the court to address a child’s care, welfare, and healthcare needs. A guardianship may grant legal authority that differs from ordinary custody, depending on the appointment order and the circumstances of the case.
Separate guardians can be appointed for the care of the child and the child’s estate when a child has property or funds to manage. A guardian of the estate may manage inheritances, trust proceeds, gifts, settlements, or other legal awards given to the child. In some cases, one guardian may be appointed to handle both matters, depending on the circumstances and the authority granted by the court.
A guardianship may become relevant in the following situations:
- The child’s parents have passed away
- A parent or both parents have become disabled
- One or both parents have abandoned the child
- One or both parents have been deemed unfit by the court
When deciding whether to appoint a guardian, courts may consider the proposed guardian’s ability to meet the child’s physical, emotional, and financial needs and provide a safe home. In a Tennessee guardianship matter, the petition, required notice, hearing, and appointment order must address the authority requested. The court may also appoint a guardian ad litem, a court-appointed investigator who examines the facts and reports recommendations to the court, when applicable.
Legal Representation for Guardianship & Conservatorship Matters
Conservatorships and guardianships may be modified or terminated when the court receives sufficient proof that circumstances or the protected person’s needs have changed. Seeking an appointment involves presenting the need for court authority, while contesting a petition may involve challenging the proposed appointment or requesting narrower authority. A modification or termination asks the court to revisit an existing order.
Jodi Loden, PLLC handles conservatorship and guardianship matters as part of its family law practice. Jodi brings more than 16 years of Tennessee family law experience. Her experience as a full-time mother and participant in domestic proceedings informs the firm’s compassionate approach to difficult family matters. She develops a strategy tailored to each family’s circumstances and goals and prepares the case for negotiations, hearings, or trial.
Call (865) 424-7225 to schedule a consultation with Jodi Loden and discuss the next steps for your family.