What Is Conservatorship?
Conservatorship is a special title that grants custodial duties or guardianship over one person to another. Though usually given to those who are considered incapable of making their own decisions, like the sick or elderly, it is also used in specific custody instances. Conservators must always act in the best interest of the conservatee, considering their personal preferences and wishes whenever possible. There are two types of conservatorship, conservatorship over person or estate. Conservatorship of a person pertains to making decisions regarding their care and welfare, personal necessities, and other important aspects. It is taking care of and watching over the welfare of another, making sure they are of sound body and mind. Conservatorship of the estate involves more financial responsibilities like managing income and assets or maintaining land and property.
What Are The Responsibilities Of Someone With Conservatorship?
The responsibilities of any conservator, no matter the type of conservatorship includes managing finances and assets, watching over and maintaining the wellbeing of the conservatee, keeping open communication with the court about the conservatee’s status, the actions taken by you to maintain the wellbeing of the conservatee, any changes in the circumstance of the conservatee, etc. If you have conservatorship of a person, more responsibilities may include housing, medical care, nutrition, clothing, and bathing. Conservatorship of a person can be over a minor in need of guardianship or over the elderly who can no longer take care of themselves. Conservatorship of the estate may include more responsibilities such as paying bills, managing income and assets, and making investment decisions.
How To Earn Conservatorship?
Conservatorship is a large responsibility, one that can only be awarded to you through a court process. It is not a responsibility you can take lightly, nor should you, were you to find yourself in such a position. If you need more resources about Conservatorship, check out this County Clerk Conservatorship Packet for more information! Conservatees are typically older individuals, those with mental disabilities or delays, or due to their age. Conservatorship is earned through a process of petitioning the court. You must submit a petition of conservatorship to the appropriate court, and give notice of service to any family members of the future conservatee or anyone else who may want to contest the conservatorship or petition themselves. When the petition has been officially filed, the court will appoint an evaluator who will determine the situation of the conservatee, what their living situation is like, how they handle taking care of their own daily responsibilities. The evaluator is an unbiased 3rd party who will form their own opinion on whether or not they think conservatorship is necessary. After the evaluator has learned the necessary information and forms their opinion, the court will have a scheduled hearing where you will present your case, including information on you, your relationship with the conservatee, how conservatorship may benefit the conservatee, etc. Family members may contest the conservatorship, but follow the factors set forth in Tennessee Code Annotated § 32-4-101. They may also petition themselves to be the conservator and must also supply the same information as you. After any and all petitions, and after the evaluator has given their opinion, the court will dismiss the parties’ and examine the case to make the best possible decision for the conservatee. The appointed conservator will have full legal authority over financial matters and personal matters of the conservatee. A conservator is required to periodically check in with the court about the status of the conservatee.
Conclusion
After the court proceeds, the conservator still has responsibilities with the court pertaining to the conservatee. Exact processes and legalities may differ by county or state regarding both conservatorship itself, as well as the court process to obtain it. Because conservatorship limits the conservatee in regards to personal choice, it is only applied in very serious cases when deemed absolutely necessary. Tennessee law encourages the use of less restrictive alternatives to conservatorship, such as powers of attorney, trusts, or supported decision-making agreements, whenever possible. The goal of conservatorship in Tennessee, as in other states, is to protect the best interests and well-being of individuals who are unable to manage their own affairs due to incapacity.
DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.