There are many legal matters that people may need to address when they feel concerned about a vulnerable loved one. Sometimes, spouses or adult children decide they must go to court in pursuit of a conservatorship.
They ask the courts to intervene for the protection of an individual who is no longer capable of acting in their own best interests. The courts can potentially grant them the authority to take responsibility for that vulnerable adult’s life, much like a parent or guardian does for a minor child.
Some people find the term conservatorship confusing. What is a conservatorship, and how does it protect a vulnerable adult?
Conservatorship is essentially adult guardianship
What many other jurisdictions call guardianship is a conservatorship in Tennessee. Under state statutes, competent adults concerned about the vulnerability of another adult with medical challenges or cognitive decline can go to court to request a conservatorship.
In a conservatorship, the courts grant one adult control over aspects of life that a vulnerable individual cannot manage on their own behalf. The courts in Tennessee can award three different types of conservatorship.
Conservatorship over the person involves one adult taking control over the day-to-day needs of another adult. They can make decisions about where someone lives, what medical care they receive and other basic matters on their behalf.
Conservatorship over the estate involves securing control over an individual’s financial resources. A competent adult can manage and appropriately distribute the assets belonging to a vulnerable individual. Conservatorship over the person and the estate involves granting one party authority over the day-to-day life and finances of a vulnerable individual.
Typically, the courts try to limit conservatorships to minimize the authority lost by the vulnerable party. Those petitioning the courts for a conservatorship need evidence affirming the lack of capacity on the part of the vulnerable individual. Medical evidence, testimony from caregivers and financial records can help establish that one person has failed to act in their own best interests.
Learning more about conservatorship can help people support those who may not have established preemptive plans for the possibility of their eventual decline. Conservators can play an important role in the protection of people who are vulnerable due to advanced age or changes in their health.