Modifying Or Terminating A Conservatorship

Despite the substantial amount of negative news coverage about conservatorships in recent months, this type of legal oversight for an individual who cannot make decisions on their own is utilized for the best interest of others. However, there are times when it may be in that individual’s best interest for the terms of a conservatorship to be modified or terminated completely. If you have questions about when and how to modify or end a conservatorship, the experienced Franklin estate planning attorneys at Fort, Holloway, & Rogers are here to help. Call the office or contact us today to schedule a consultation of your case.

What Does a Conservator Do?

A conservator is a person who is appointed by the court to take responsibility for another person’s legal, financial, and health choices when they cannot make sound decisions on their own due to incapacity. Someone can be deemed in need of a conservator for many reasons, usually involving illness, injury, or disability. Common examples of decisions that a conservator may make on behalf of another person include the following:

• Paying bills,
• Determining where a person should live,
• Managing their budget,
• Making important healthcare choices,
• Creating or managing a special needs trust,
• Determining appropriate extracurricular activities, and more.

In some cases, a conservator may only be appointed to manage a person’s finances, while in other situations they may be asked to make all relevant care decisions on behalf of another person. However, there are circumstances when it may be in someone’s best interest to modify or terminate an existing conservatorship in Tennessee.

Modifying or Terminating a Conservatorship

According to Tennessee law, it is possible in certain situations to modify or terminate a conservatorship. A conservator may be discharged from their duties or have their responsibilities modified if the court determines by a preponderance of the evidence that it is in the best interest of the person being protected by the conservatorship, or if it is deemed that the person is no longer considered incapacitated. Examples include recovery from a severe injury or illness that rendered a person unable to make decisions on their own.

A conservator may also be terminated or have their duties modified if the court determines that they have not fulfilled their duties under the law or have not acted in the best interests of the person under their care. Examples of this include failing to submit regular reports to the court about the decisions being rendered for someone under conservatorship or making financial decisions that benefit the conservator more than the person under their care. To learn more about when modifying or ending a conservatorship may be appropriate, talk to our office today.

Talk to Our Office Today

Do you have questions or concerns about an existing conservatorship in the Williamson County area? If so, the experienced and knowledgeable estate planning lawyers at Fort, Holloway, & Rogers are here to help. Call the office or contact us today to schedule a case consultation.