Nashville Conservatorship Lawyer

Nashville Conservatorship Attorney

Although it may be difficult for loved ones to come to terms with, there are times when family members are no longer able to handle their personal affairs. In those cases, they often need to be placed under the protection of a caretaker. In legal terms, this is known as a conservatorship. A skilled Nashville conservatorship lawyer can provide guidance and legal advice during this delicate time.

At Emmack Probate and Estate Law Group, we understand the emotional difficulty of placing a loved one under a conservatorship. That’s why we handle each of these cases with compassion and care. Shanone Emmack and our team take the time to explain the process in full so you are well-informed about the decisions you make on behalf of your family member.

Why Choose Emmack Probate and Estate Law Group?

Once the difficult decision to move forward with a conservatorship has been made, it is essential to begin the process with the help of an experienced and trustworthy law firm. At Emmack Probate and Estate Law Group, we’re here to make the process straightforward and supportive.

Our founding attorney has lived in the Nashville community for more than a decade, so she understands the nuances of our state’s conservatorship laws. With personalized support and a client-focused approach, we’ll guide you through each step, offering clear advice tailored to your needs. Once the process is complete, you’ll have peace and confidence in knowing that your loved one has secured a stable, protected future. In addition, if property transfer issues arise during the conservatorship process, we can also assist with muniment of title law to ensure the smooth transfer of assets without the need for full probate.

Understanding Conservatorship

Conservatorships differ from guardianships in that conservatorships generally apply only to adults over the age of 18. The person who gains the right to make decisions over the person who can no longer handle their own affairs is known as the conservator, and they must be appointed by a judge in a legal setting. Once authorized, the conservator can manage the affairs of the conservatee.

Conservatorships offer a legally recognized solution for those who can no longer make decisions independently. They make sure the conservatee’s personal, medical, and financial matters are managed responsibly and in their interests. Additionally, wills law can play an important role in ensuring that an individual’s wishes for their estate are honored, whether or not they are able to make decisions for themselves.

Conservatorships are often needed for elderly individuals who are disabled or in cognitive decline. They may also be required for adults who have been temporarily incapacitated by an accident or illness. In Tennessee, anyone who is unable to take care of themselves or manage their affairs can be eligible for conservatorship as long as they are over 18.

To establish a conservatorship, the prospective conservator must demonstrate to the court that the individual is truly disabled and would benefit from assistance. Tennessee law defines disability as a condition needing partial or full support due to mental illness, serious injury, developmental issues, or physical incapacity. Medical professionals must provide evidence to support the conservatorship request, which the court reviews to determine whether it’s necessary. Conservatorship can be granted on a temporary or long-term basis. In some cases, a power of attorney may serve as an alternative or complement to conservatorship, allowing an individual to designate someone to manage their affairs without the need for court involvement.

How to Obtain an Emergency Conservatorship in Tennessee

One of the first steps that should be completed when seeking conservatorship is seeking legal advice. Having an attorney who can handle the conservatorship process can greatly improve the odds that you are successful. An attorney can determine whether the person you are seeking conservatorship over meets the legal requirements for conservatorship in Tennessee.

Once your attorney has gathered sufficient evidence to support their client’s request, the attorney can file the paperwork needed to start the process. The petition should be carefully worded, with descriptions of why a conservatorship is needed. Supporting documentation can be key, such as medical records, affidavits from medical professionals, and other relevant documents.

After the petition is filed, the court will schedule a hearing to review the evidence and determine whether to grant the emergency conservatorship. Your attorney can be present at the hearing and prepare you to testify if needed. If you are in Nashville, having a local attorney with experience in conservatorship matters can ensure that the process goes smoothly and that you are fully prepared for the court hearing.

FAQs

How Do I File for a Conservatorship in Tennessee?

You can file for a conservatorship in Tennessee by hiring an attorney to draft the paperwork needed to petition the court for conservatorship. The process of requesting guardianship can be difficult if you are not familiar with the state’s conservatorship statutes. The courts expect strong evidence and compelling arguments before designating a conservator.

What Is the Difference Between a Power of Attorney and a Conservatorship in Tennessee?

A power of attorney authorizes a representative to make important decisions on behalf of someone else. It serves as a precaution in case that person becomes missing or incapacitated. A conservatorship, however, authorizes a conservator to make a broad range of decisions on behalf of someone, regardless of whether that person is missing or incapacitated.

How Long Does a Conservatorship Last in Tennessee?

A conservatorship can last from a short-term basis to a permanent conservatorship. The judge presiding over the case may consider the arguments of the petitioner and weigh the evidence before them. Then, they will issue a judicial order granting a short- or long-term conservatorship. The courts have the authority to modify a conservatorship to make sure they continue to meet the conservatee’s needs.

What Is the Conservatorship Statute in Tennessee?

In Tennessee, the conservatorship statute is outlined primarily in Tennessee Code Annotated, Title 34, Chapters 1 and 3. These laws govern the establishment, requirements, and administration of conservatorships within the state. Under these statutes, a conservatorship may be established for adults who are incapable of managing their personal or financial affairs due to physical or mental disabilities.

Get Expert Legal Support from a Skilled Conservatorship Lawyer

The decision to place a loved one under a conservatorship is never easy, but the long-term benefits can help both your family and the conservatee. Whether you require a short-term or long-term conservatorship over a family member or non-relative, we can gather the evidence you need to make sure the courts understand why the petition should be granted.

Emmack Probate and Estate Law Group has helped many people successfully place a conservatorship over someone who is disabled or in cognitive decline. We go to great lengths to handle the bulk of the work so the process is not overly burdensome. To schedule your consultation, contact our office today.