Full question:
I have my mothers POA. I have been caring for her for the last few years and even sold my home and moved in with her two years ago due to her not being able to live alone any more. We had to put her in a nursing home a few months ago. My kids and i are living in her home. I received court papers two days ago saying my brother has filed for conservatorship over my mother. He has barely even spoken to her in the last few years. Can he do that and win? Will he be able to put us out of the house? Do i need to hire an attorney to fight him in court? What kind of proof do i need to prove I'm the one that has been taking care of her?
- Category: Conservatorship
- Date:
- State: Tennessee
Answer:
It is advisable to seek legal help in a contested conservatorship case. You have received notice and the opportunity to object at a hearing. You can present evidence such as testimony and bills for living and healthcare expenses to support your case.
The person filing for conservatorship must provide a list of your mother's usual monthly expenses and explain how these were covered prior to the petition. If your brother becomes her conservator, he could potentially sell her assets, including the house, if she is the sole owner.
Consult a local estate attorney to review your situation and documents. In Tennessee, the court will consider the best interests of the disabled person when appointing a conservator (Tenn. Code Ann. § 34-3-103).
You have rights in this process, including the right to a hearing, to present evidence, and to have an attorney represent you (Tenn. Code Ann. § 34-3-106).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.