To be the conservator of another person, or to enter a legal conservatorship, you must be able to prove that the other person is a disabled or incapacitated adult who requires someone else to handle any and all decision-making responsibilities for them. A conservatorship can be permanent or temporary, if the incapacitated adult is merely unable to protect themselves or their estate due to an accident or illness. Tennessee law defines a disabled person as someone in need of partial or full supervision, protection, and assistance by reason of developmental disability, mental illness, physical illness or injury, or other physical or mental incapacity.
In order to legally become a conservator, you must go through a court process where a judge appoints you as the official conservator.
To petition for conservatorship you need to:
- file a petition with the probate court for the protection of a disabled or incapacitated adult;
- prove the adult is truly a disabled person, at the time of petition;
- prove the appointment of conservator is the best alternative to protect the disabled person for financial or health reasons;
- submit a full physician’s report identifying the need for a conservator; and
- submit a detailed inventory and property management plan, if the disabled person needs help managing their estate.
After a petition is filed, and before the official court hearing, the court will appoint their own attorney to investigate medical and financial records, as well as conduct interviews with everyone involved. The court-appointed attorney can nominate the person they think would be the most appropriate for the conservatorship.
At the court hearing, all the evidence listed above will be reviewed by a judge who will then determine if a conservatorship is necessary for the disabled person. It can be incredibly difficult to prove a person may need a conservatorship on their behalf. Consult an attorney with conservatorship law experience, if you would like the best chance at succeeding in your case.
Reach Out to Patton & Pittman & Request a Free Consultation
If you are in the Clarksville area and have further questions on how to become the conservator for a disabled person, contact our firm today. We can help you in every step of the conservatorship process and plan a course of action if you are appointed the conservator.
Contact us onlineor give us a call at (931) 361-4477 for a free case evaluation.