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Conservatorship
What powers does a conservatorship have in health care and finances?

What powers does a conservatorship have in health care and finances?

Q: How can I become a conservator for someone?

To become a conservator, you must file a petition with the court, demonstrating that the person requires protection due to incapacity. A physician's report is typically needed to support your petition. After filing, a guardian ad litem will investigate, and a court hearing will determine if you will be appointed as conservator.

Q: Can a conservator make decisions about medical treatment?

Yes, a conservator of the person can make decisions regarding medical treatment and health care for the incapacitated individual. This includes choosing medical providers and consenting to or refusing treatment, ensuring that the person's health and well-being are prioritized.

Q: What happens if a conservator mismanages funds?

If a conservator mismanages funds, they can be held accountable in court. The court may require an accounting of the finances and can remove the conservator if they fail to act in the best interest of the incapacitated person. Legal action can also be taken to recover lost assets.

Q: Are there alternatives to conservatorship?

Yes, alternatives to conservatorship include powers of attorney and advance health care directives. These allow individuals to appoint someone to make decisions on their behalf without the need for court intervention. However, these alternatives require the individual to be competent at the time of signing.

Full question:

My great aunt has alzheimers, no children or living spouse. I am trying to get things in order and was wondering what powers a Conservatorship has regarding health care, nursing home, Will, financial matters, & her estate? Thank you

Category: Conservatorship
Date: 04/07/2025
State: Tennessee

Answer:

A conservatorship is a court-ordered arrangement that protects a disabled or incapacitated person. In Tennessee, conservatorships are for adults. A "conservator of the person" is appointed when someone is incapacitated and needs assistance with housing, health care, and similar decisions, even if they have no assets. A "conservator of the estate" manages and protects the person’s financial assets. Often, the same person is appointed for both roles, but they can also be separate.

How is a conservator appointed?

Petition: The process starts with a petition filed by someone (the "Petitioner") seeking protection for the incapacitated person. The court needs enough information to confirm that the person is "disabled" and requires legal protection. In Tennessee, a "disabled person" is defined as an adult needing full or partial supervision due to mental or physical incapacity (Tenn. Code Ann. § 34-4-202). A physician's report must support the need for a conservator.
Guardian ad Litem: After the petition is filed, a judge appoints a "guardian ad litem" to investigate the case. This person reviews medical and financial records and interviews relevant parties. Their report will recommend whether to approve the conservatorship and who should be appointed as conservator.
Hearing and Appointment: At the hearing, the judge considers the evidence and the guardian ad litem's report. If the judge finds the person needs protection, they will appoint a conservator, who may be the same person proposed by the Petitioner or someone else.

The court aims to impose the least restrictive alternatives that adequately protect the disabled person and their property (Tenn. Code Ann. § 34-1-127). This ensures that individuals retain as much autonomy as possible while receiving necessary support.

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.

FAQs

What is the difference between a conservator of the person and a conservator of the estate?

A conservator of the person is responsible for making decisions about health care, living arrangements, and personal care for someone who is incapacitated. In contrast, a conservator of the estate manages the financial assets and property of the individual. Often, the same person is appointed to both roles, but they can also be separate individuals, depending on the needs of the incapacitated person.