Experienced Springfield Conservatorships Lawyers Ready To Serve You
When someone is no longer able to handle their own personal or financial affairs, it may be time to consider a conservatorship.
But what exactly is a conservator? And when do I need one?
These are difficult questions that many people have. The estate planning legal team at Batson Nolan PLC can help you get the answers you need.
If you have questions about conservatorships in Tennessee and are wondering how a Springfield conservatorships attorney can help you, contact our team today.
Important Definitions: Conservator vs. Conservatorship
Before determining whether you need a Springfield conservatorships lawyer, there are some important definitions to be aware of.
What Is a Conservator?
A conservator, under Tennessee law, is someone who exercises the decision-making rights and duties of a disabled party after appointment by the court. The court may appoint multiple conservators if necessary to serve as “co-conservators.”
It is also important to note that a conservator may be a person or an entity.
What Is a Conservatorship?
Tennessee law defines a conservatorship as a proceeding in which a court removes the decision-making powers and duties, in whole or in part, from a person with a disability who lacks capacity to make certain decisions. These decision-making powers are vested instead in a conservator or co-conservators.
However, this removal of authority must be done in the least restrictive manner possible.
When You Might Need a Conservator
Determining when a conservatorship might be necessary can be as difficult as achieving a conservatorship itself. However, it is important to recognize when you might need a conservator.
Examples of situations in which you may want to consider obtaining a conservator include scenarios where a loved one:
- Is unable to make their own financial or medical decisions;
- Lacks awareness or understanding of their legal obligations; and
- Is diagnosed with a lifelong disability.
If someone you love is facing these types of issues, contact a Springfield conservatorships attorney today to see what options are available.
Can I Choose My Own Conservator?
What happens if you ever find yourself in need of a conservator? Can you name your own?
Ultimately, the court will have final authority in granting a conservatorship. However, there are ways to emphasize to the court who you would have chosen as your conservator in the event the need does arise.
A living will or a power of attorney gives individuals decision making authority in important situations. If you have designated an individual as your health care agent when making your estate plan, the court must consider that person first when granting a conservatorship.
What Rights and Duties Does a Conservator Have?
After making the appointment, the court will advise the conservator of their powers and rights with regard to the conservatorship. Courts typically seek to establish a conservatorship that is the least restrictive possible. Nevertheless, a conservator does generally have a broad range of powers.
In most cases, conservators receive decision-making authority in areas including:
- The ward’s finances,
- Applications for benefits,
- Execution of legal documents,
- Purchase-making decisions,
- Contractual relationships,
- The ward’s property disposition;
- Medical treatment options; and
- Living arrangements for the ward.
Conservators act as fiduciaries to their ward. This means that any decision made by the conservator must be in the best interest of the ward.
Additionally, conservators must file an annual status report and an annual financial report with the court. In certain cases, Tennessee law permits conservatorships to be modified or terminated in the event of a change in circumstances.
Do I Need a Springfield Conservatorships Lawyer?
While you may not need a lawyer for a conservatorship proceeding, having one will almost always be beneficial to your case.
Conservatorships can be time-consuming and complex legal processes. And more often than not, parties seek a conservatorship for the care of a loved one. Thus, it is important to have someone in your corner who has extensive experience handling these types of proceedings.
An attorney can also be a great asset even after your appointment as a conservator. Many conservators will have questions about the extent of their legal rights and responsibilities. An experienced Springfield conservatorships attorney can help you navigate and understand your legal obligations as a conservator.
Searching for a Springfield Conservatorships Lawyer? Contact Batson Nolan PLC Today
If you have questions about conservatorships in Tennessee, you are not alone.
Conservatorship issues can be complicated to navigate on your own, but our Springfield conservatorships attorneys can help guide you through the process.
The Springfield conservatorships lawyers at Batson Nolan PLC are well-equipped to assist you with your conservatorship needs.