Gallatin Conservatorships Lawyer

In Gallatin, a town in the heart of Sumner County, Tennessee, the need for establishing a conservatorship is not uncommon. If you have a loved one who suffers from a certain disability or has become incapacitated and unable to care for themselves, this may lead to seeking legal action on their behalf through a conservatorship. Seeking this action, however, is complex, and should only be done with the legal guidance of a Gallatin conservatorship lawyer.

At Phillips | Ralston, our attorneys have been serving families throughout the heart of Sumner County since 1977. We are passionate about ensuring that proper care is established for your loved one and you have support when making these difficult and complex legal decisions. The state of Tennessee allows folks to establish conservatorships in order to protect those with mental or physical limitations from harm or explanation and we are here to help.

Defining Conservatorship in Gallatin

In Tennessee in 2020, there were over 8,300 cases of conservatorship known to the state, with several counties not reporting their numbers. If you have a loved one who deals with a disability or other incapacitation, you may need to seek legal authority to help manage affairs on their behalf. If your loved one does not have a power of attorney or other document which states who can act in their stead, establishing conservatorship might become your only option.

A conservatorship can also be created for an adult who does not have the capacity to make their own decisions in a way that actually harms or compromises their ability to handle personal affairs. A conservatorship is not created to punish an individual, as it might be seen in today’s pop culture or media, but rather is established with the intent to secure an vulnerable individual’s health and overall well-being.

Tennessee law is very specific on how a conservator can act and how their authority can be tailored in order to ensure that the person under the conservatorship, or the ward, still retains as much of their own independence as possible. This can be done through the following actions:

• Supervision by the courts. In a conservatorship case, the judge must first be able to confirm that the ward suffers an incapacity or disability through a strict psychological or medical evaluation. In doing so, the judge can determine whether or not a less-restrictive legal measure may be possible.
• Annual accounting. In a conservatorship, the individual acting as the conservator must be able to submit regular reports which detail the expenses, income, and personal status of the ward. This works to help protect the ward against any abuse, the mishandling of the ward’s funds, and any abuse of authority on the conservator’s part.
• If feasible, allowing limited powers. Depending on the exact condition of the ward, the courts may grant the conservator only certain forms of authority, such as that over financial or personal matters, while also encouraging minimal interference by the conservator should the ward still have some parietal mental or physical capacity.

Tennessee law is also very strict when it comes to which parties can be named as a conservator. In order of their priority, the individuals who can be named as a conservator include the following:

• An individual who has been designated, in writing, by the disabled individual or ward
• The spouse of the disabled individual or ward
• A child of the disabled party or ward
• The closest living relative or relative of the disabled party or ward
• A district public guardian
• Other qualified individual

It might seem strange for an unknown or unrelated individual to be named as a conservator. However, it can happen, and may even be a better situation, given the circumstances of the case. One example might include a situation in which there are too many disagreements or tensions between the family members of the ward. In cases such as this, the courts may deem it better to elect an individual as conservator who is not part of the family.

When Might Gallatin Conservatorship Become Necessary?

Seeking conservatorship can be based on various grounds. In certain situations, the decline of an older adult’s cognitive abilities may call for conservatorship if they are unable to read paperwork, stay up to date on their bills, or advocate for their own healthcare. In other cases, a younger individual with a developmental issue may need the structure provided by a caretaker.

In Tennessee, the courts will require that any petitioners seeking conservatorship provide them with a clear need, not simply the fact that the ward in question suffers from forgetfulness or is a bit irresponsible. The most common reasons that the courts will actually take into consideration for a conservatorship include:

• There is real risk of financial exploitation. You may be able to establish and provide evidence that, without your protection and oversight, the potential ward in question could become an easy target for scams or people seeking malicious transactions.
• There is family conflict or family consensus. In certain cases, families who file for legal conservatorship may do so after recognizing repeated mistakes or the potential ward’s inability to take care of themselves. In other situations, there may be conflict or disagreements between the relatives of a potential ward, which may prompt the need to file a petition with the courts so that a judge can choose the right conservator.
• There is evidence of incapacity. You may be able to supply the courts with medical records or certain professional opinions showcasing the need for a conservatorship due to confusion, memory loss, or other impairments that could harm the safety of the potential ward.

Your lawyer can guide you through the entire step of filing said petition for conservatorship, from gathering the necessary medical proof, to serving notice and attending the court hearing. Phillips | Ralston is here every step of the way.

Speak with a Trusted Gallatin Conservatorship Lawyer Today

Conservatorship cases are complex and should only be pursued with the help of an attorney. At Phillips | Ralston, we pride ourselves with offering comprehensive and experienced legal care to those concerned about the health, safety, and well-being of their loved ones. Contact our offices today to schedule a consultation with our team and learn how we can help you petition for conservatorship.