Conservatorship Attorney in Nashville
Watching people you love become unable to care for themselves can be incredibly scary. Whether this individual suffers from a physical ailment, mental illness, or has simply gotten older, it can be a confusing situation to navigate. Our Nashville Conservatorship & Guardianship Attorneys at Rochford Law want to help you through this challenging time by giving you the legal means to protect and provide for your loved ones.. A conservatorship is one of the best ways to do this. Contact Rochford Law in Nashville, TN, for legal assistance!
What is a Conservatorship?
A Conservatorship is a legal process designed to safeguard individuals who cannot care for themselves. The Court appoints someone to act in the best interests of the disabled individual, granting that person legal authority to make decisions on their behalf. Usually, a conservator assists in managing the conservatee’s financial matters, medical arrangements, and other assets.
Some specific examples include: Executing documents, Purchasing, Voting, Managing property, Contracting, Decisions related to health care treatment, and any other necessary legal acts
Generally, there are three kinds of Conservatorships: Full, limited, and temporary.
Full Conservatorship
A full conservatorship means that the person the court assigns has the ability to make all life decisions for the disabled individual. These decisions include:
- financial decisions
- medical decisions
- legal/contract decisions
- decisions about where to live
- decisions about what to eat
- the right to vote
- the right to obtain a driver’s license
- decisions related to relationships and marriage
This arrangement is more typical for aging individuals who have begun to suffer from mental conditions such as Alzheimer’s and dementia.
Limited Conservatorship
A limited conservatorship is when the assigned individual has been given the right to make some decisions on behalf of the disabled individual, but not all. Allowing the individual to still have decision-making ability within their own life. An example of this may be a parent of an individual with Down syndrome. This arrangement would allow the parent to continue caring and making important decisions for their child while still allowing their child the ability to make his or her own decisions in specific areas.
Temporary Conservatorship
A temporary conservatorship is typically in the case of an emergency situation. In this scenario, the Conservatorship would be restricted to a duration of 60 days, and the authority granted to the conservator would be less extensive compared to that in a full conservatorship.
What is the Difference Between a Guardianship and Conservatorship?
A conservatorship, also known as adult guardianship in some jurisdictions, grants an individual (the conservator) legal authority to manage the financial and personal affairs of another person (the conservatee). This arrangement typically arises when the conservatee is deemed incapacitated due to age, illness, or disability and cannot make sound decisions independently.
In contrast, guardianship extends beyond financial and legal matters to encompass personal, medical, and daily living decisions. A guardian is responsible for decisions related to the ward’s healthcare, education, living arrangements, and other aspects of their personal welfare.
Contact Rochford Law for help with your Conservatorship or Guardianship case.
Guardianship
Guardianship shares similarities with conservatorship but primarily focuses on making decisions concerning the personal and medical needs of a minor or incapacitated adult. A legal guardian assumes responsibility for the welfare and care of the ward, ensuring their safety, healthcare, education, and overall well-being.
The process of establishing guardianship requires proving the ward’s inability to make personal decisions and the necessity for a guardian’s intervention. This often involves presenting evidence of the ward’s incapacity to understand and make informed decisions about their personal welfare, along with the need for someone to act in their best interests.
Nashville Guardianship Attorney
Do you have a guardianship situation that needs legal attention? Seeking guardianship can be an emotional and complicated process. Attorneys at Rochford Law can assist you in navigating these hurdles. Whether you are seeking guardianship of minors or family members who can no longer manage their own affairs, our office will be your resource to determining the best path forward for you and your family. To discuss the guardianship process, give our office a call today!
FAQs about Conservatorships and Guardianships
Establishing a conservatorship involves demonstrating the conservatee’s incapacity to manage their financial affairs effectively. This typically requires medical and/or psychological assessments, along with evidence of the need for financial management, such as unpaid bills or financial mismanagement.
Typically, the person seeking to establish a conservatorship is the one who hires the attorney to petition the court. The court will appoint a fiduciary who will be entitled to be compensated from the estate of the minor or the person with a disability (the ward). Compensation may include attorneys’ fees and guardian and attorney ad litem fees, and various other expenses.
As a conservator, you are acting as a fiduciary. You will be responsible for paying depts and collecting all monies or receivables for the benefit of the ward. It is also the conservator’s responsibility to defend their ward’s rights, manage financial affairs, and keep proper accountings of the ward’s affairs. Conservators must also report to the court of any material changes in the ward’s condition that might warrant a modification or dissolution of the Conservatorship.
Once appointed conservator, the conservator must check in yearly with the court and report on the ward’s condition and provide financial accountings of the ward’s debts, incomes, and estate. A conservatorship can be dissolved if the court deems the ward no longer in need of a conservator.
Conservatorships would be terminated by court order.
Broad rights and duties are allocated to a conservator such as: paying depts and collecting all monies or receivables due to the ward, defending their ward’s rights, managing financial affairs, and keeping proper accountings of the ward’s affairs. The conservator will have the right to make financial and managerial decisions over the ward’s person and property.
A conservatorship and guardianship attorney possesses the expertise and experience necessary to guide you through the intricacies of conservatorship law in Tennessee. A skilled legal professional can provide expert advice on the best course of action based on your circumstances, navigate the legal proceedings effectively, and ensure that your rights and interests are protected throughout the process.
What Can Rochford Law Firm Do For You?
Establishing either guardianship or a Conservatorship in Tennessee can be a complex legal process, but it can be essential for protecting the interests of individuals who cannot manage their own affairs. Although you don’t need to hire a lawyer to file a conservatorship filing the appropriate documents, navigating the court system, and keeping up to date with conservatorship laws can take a lot of work. At Rochford Law, we aim to simplify this process for you, providing support every step of the way. We can help you by preparing the necessary petitions, gathering the evidence and paperwork required, and navigating the legal proceedings. Our extensive experience in elder law and estate planning makes us well-equipped to assist clients in Nashville and beyond with their conservatorship needs.
Our dedicated team of legal professionals is committed to providing personalized attention and comprehensive solutions tailored to each client’s unique circumstances. We strive to provide you with peace of mind, ensuring that you’ve taken the essential steps to protect your loved one. Contact Rochford Law for help with your Conservatorship or Guardianship case in Nashville, TN.
WHY WORK WITH ROCHFORD LAW?
- Professional and prompt
- Over 26 years of law experience
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