Columbia Conservatorship & Guardianship Attorney
Under Tennessee law, adults have full control over decision-making in the areas of financial matters and health and well-being. When they are unable to make responsible decisions because of a medical condition, these individuals could jeopardize their own health and fiscal interests. The same is true for children, who do not have legal capacity as minors. In such situations, state law provides that a person can get court approval to act on behalf of the incapacitated individual. A court appoints a guardian to handle a minor’s affairs, while a conservator acts for disabled adults.
If you are in the position to consider a guardianship or conservatorship, it is crucial to retain skilled legal counsel for assistance with the proceedings. The Fort, Holloway, & Rogers, LLC team will be at your side to advise you on the process and help you understand the role of these court appointees. Please contact our firm today to set up a consultation with a Columbia conservatorship and guardianship attorney. An overview should help frame the key issues.
Understanding the Role of Conservators and Guardians
In the eyes of the law, neither a minor nor a disabled adult is recognized as having the capacity to act with respect to certain legal matters. Tennessee statutes address this situation through two proceedings:
- In a conservatorship case, the court appoints someone to act on behalf of a person with a disability as defined by Tennessee law.
- Though parents are considered the natural guardians of minor children, there may be a need to appoint a guardian if they have passed away or are otherwise unable to serve.
Once appointed by the court, conservators and guardians have legal authority to make decisions regarding health care and finances. At the same time, this individual is a fiduciary with an array of obligations to the ward.
Overview of Legal Proceedings
For both types of processes, the court case is opened by filing a petition to be appointed as conservator or guardian. For a conservatorship, there must be some evidence of the person’s disability; in a guardianship case, the petitioner must state the reasons the minor needs someone appointed.
Our Columbia conservatorship and guardianship lawyers at Fort, Holloway, & Rogers, LLC will assist with preparation of documents to open the case. We are also prepared to help you navigate additional steps and responsibilities, such as:
- Gathering evidence of disability to prove the need for a conservator;
- Assessing and managing estate assets, i.e., real estate and personal property owned by the ward;
- Handling the ward’s health and well-being needs, including communicating with physicians, applying for public benefits;
- Preparing the yearly accounting and report to the court; and
- Closing the estate when the need for a guardian or conservator has ceased.
Count on Our Columbia Conservatorship and Guardianship Lawyers for Guidance
To learn more about the legal process and responsibilities of guardians and conservators, please contact Fort, Holloway, & Rogers, LLC. You can schedule a consultation by calling 931-901-2300 or completing our online form. A Columbia conservatorship and guardianship attorney will offer additional details after reviewing your situation.
