Trusted Clarksville Conservatorships Lawyers Ready To Assist You
If your loved one suffers from a disability or becomes incapacitied, certain situations may arise in which you need to take legal action on their behalf. The process for doing this is referred to as a conservatorship.
The Clarksville conservatorships lawyers at Batson Nolan PLC have assisted countless clients in ensuring proper care for their loved ones.
Conservatorship decisions and proceedings are never easy. Nevertheless, a conservatorship can provide much-needed relief for family members tasked with caring for their loved one. For more information on the conservatorship services we provide, give us a call today.
What Is a Conservatorship?
A conservatorship gives certain individuals legal authority to manage the affairs of another adult. This adult, who has been declared disabled or incapacitated, is referred to as a ward. Tennessee law defines a person with a disability as someone who needs partial or full supervision, assistance, or protection due to:
- Mental or physical illness,
- Physical injury,
- A developmental disability, or
- Another type of incapacity.
In these scenarios, the court will appoint an individual as the conservator of the ward’s estate. This conservator has authority to exercise legal rights on behalf of the ward in areas determined by the court.
Who Can the Court Name as a Conservator?
Tennessee law outlines the individuals a court will consider when appointing a conservator. The individuals eligible to serve as a conservator, in the order of their priority, include:
- A person or persons designated in a signed writing by the disabled party;
- The spouse of the disabled party;
- A child of the disabled party;
- The closest relative or relatives of the disabled party;
- A district public guardian as described in Tennessee Revised Statutes section 34-7-104; and
- Any other qualified persons.
It might seem unlikely that a stranger or unrelated person would be named conservator. However, this does happen under certain circumstances.
For example, if unresolved tensions among family members hinder the court’s selection of a conservator, the court may elect a conservator that is not in the family. The guiding factor of the court’s decision should always be the best interest of the disabled party.
How Do I Start The Conservatorship Process?
The process for getting a conservator appointed begins by filing a petition of conservatorship in the probate court where the disabled party resides. The petition must contain:
- The name, date of birth, residence, and mailing address of the disabled party;
- A description of the alleged disability;
- The name, date of birth, residence, and mailing address of the person filing the petition;
- The relationship between the disabled party and the person filing the petition;
- A statement of any felony or misdemeanor convictions of the person filing the petition;
- The name, age, mailing address, and relationship to the disabled party of any person being proposed as conservator;
- A statement of any felony or misdemeanor convictions of the proposed conservator;
- A statement signed by the proposed conservator acknowledging awareness of the petition and willingness to serve;
- The name, mailing address, and relationship of the closest relative or relatives of the disabled party;
- The name and mailing address of any person or institution with whom the disabled party is living;
- A summary of facts explaining why the conservatorship is necessary;
- The name of the disabled party’s physician:
- A sworn physician’s examination report or the disabled party’s statement of refusal to be examined voluntarily;
- The rights of the disabled party to be removed and transferred to the proposed conservator;
- A detailed accounting of the disabled person’s estate, in the event the conservator is seeking to manage their property; and
- A request for a guardian ad litem, conservator or co-conservator, or attorney ad litem with specific experience or expertise in matters like those faced by the respondent, if warranted under the circumstances.
As you can see, a petition for conservatorship involves a multitude of legal requirements that must be strictly complied with. A Clarksville conservatorships lawyer will ensure that your petition meets the statutory requirements.
Speak to our Clarksville Conservatorships Attorneys at Batson Nolan PLC Today
Conservatorship issues are complex legal matters. And when it comes to the health, safety, and well-being of your loved one, you should have a conservatorship lawyer on your side with the tools and resources necessary to successfully create a conservatorship.
Our experienced legal team also handles other types of estate planning cases, including:
At Batson Nolan PLC, we pride ourselves on providing exceptional legal services to our clients. With hundreds of years of combined legal experience, we are committed to serving those in need during some of the most difficult times in their lives.
To speak with a Clarksville conservatorships attorney, contact our team today. Let’s discuss your case and see what Batson Nolan can do to help you and your family.