Tennessee Conservatorship: A Comprehensive Guide
Welcome to Foust & Foust, PLLC, a boutique law firm dedicated to estate planning, probate, and trust administration. We appreciate the chance to share information about Tennessee conservatorship and how it can offer reassurance for families.
Our mission is to provide caring support so you feel better prepared to protect loved ones who need extra help.
This guide walks you through the basics of conservatorship, ways it may benefit your family, and other options that may fit your needs. We believe it is wise to explore your choices thoroughly, keeping your goals and values at the forefront.
Conservatorship in Tennessee: An Overview
A conservatorship is a court-ordered arrangement in which someone is appointed to act on behalf of a person, often referred to as the “conservatee,” who cannot manage their personal or financial affairs.
Under Tennessee law (Tenn. Code Ann. § 34-1-101; § 34-3-101), courts have the authority to determine whether an individual meets the definition of a “person with a disability.” If the court decides that the adult lacks capacity, a conservator can be appointed to handle vital decisions.
Unlike guardianship (which is set up for minors), conservatorship applies only to adults. Once a judge decides that an adult needs help making decisions, the conservator gains authority in specific areas the court has designated (such as financial matters or healthcare).
The process is closely monitored, and the conservator must report back to the court at set intervals.
Reasons for Establishing a Conservatorship
Families sometimes pursue conservatorship when an adult loved one displays major difficulties in handling their own decisions. Examples can include:
- An inability to oversee money or pay essential bills.
- Medical treatment doubts because the adult lacks the capacity to give informed consent.
- A person over 18 who still requires substantial support with education or day-to-day choices.
- Situations where loved ones cannot access critical legal or medical records on behalf of the individual.
- Recurring dangerous choices that pose a high risk of harm to themselves or others.
These issues may signal a need for stronger protections through a conservatorship. It is important to confirm that less formal supports—for example, shared bank accounts—are insufficient before seeking a court order.
Types of Conservatorships in Tennessee
Conservatorships in Tennessee can take different forms depending on how much authority the conservator needs.
Temporary Conservatorship
A temporary conservatorship applies in pressing circumstances, such as when immediate decisions (e.g., hospital discharge or care facility placement) are needed. Under Tenn. Code Ann. § 34-1-133, courts can quickly authorize someone to act, although this arrangement lapses after 60 days unless extended.
Full Conservatorship
A full conservatorship gives a single person or entity the authority to manage nearly every aspect of the conservatee’s life, including health care, finances, living arrangements, and more. Courts prefer not to use full conservatorship unless it is essential for the individual’s well-being.
Limited Conservatorship
With a limited conservatorship, the court grants only the specific duties truly needed. The individual keeps all remaining rights. For instance, the adult may handle daily living tasks but have someone else look after money management. This approach can provide safety and support while honoring personal independence where feasible.
Below is a simple comparison:
| Forms of Conservatorship | ||
| Type | Scope | Duration |
| Temporary | Limited authority, often for urgent or emergency needs | Up to 60 days (can petition for court review) |
| Full | Broad powers over finances, household, and important care decisions | Indefinite until the court modifies or terminates it |
| Limited | The conservator assumes control over specifically listed rights or issues | Lasts until changed or ended by the court |
The Process of Establishing a Conservatorship in Tennessee
Families may feel uncertain about how to get started. In most counties, the Chancery Court decides conservatorships. Below is a short look at the steps:
Initiating the Process
According to Tenn. Code Ann. § 34-3-102, “any person having knowledge of the circumstances” can file a petition for conservatorship. Often, it is a relative, close friend, or occasionally an agency. The petitioner must outline the proposed conservator’s reasons for the appointment and the nature of the adult’s inability to manage personal or financial decisions.
Required Documentation and Forms
A court will need substantial information before granting a conservatorship. You must provide:
- A sworn petition explaining why the individual requires a conservator.
- A statement or testimony from medical professionals indicating that the adult likely lacks capacity.
- An assurance that less intrusive options (like powers of attorney) are not enough.
Only the court can determine whether to form a conservatorship after carefully weighing all the evidence.
How a Conservator Is Appointed
The judge names a conservator based on what best serves the adult’s welfare. The court prefers any person the adult previously nominated if known. If no such writing exists, the order of preference is typically spouse, then child, then the closest relative(s).
If family or friends are not available, a public guardian may be chosen. Once selected, the conservator takes an oath and may have to secure a bond, based on the size of the estate and the judge’s decision.
Rights of the Conservatee
Although found incapable of making certain decisions, the adult maintains core rights. Tennessee law (Tenn. Code Ann. § 34-3-106) clarifies that even when judged unable to care for themselves, the person still has these essential safeguards:
- The right to have a hearing on disability upon request.
- An opportunity to present evidence and cross-examine individuals testifying against them.
- The right to attend the hearing if desired.
- Potential assignment of a court-appointed attorney to guard their interests.
- A way to appeal a final judgment.
The court aims to grant only the minimum degree of authority to the conservator, preserving as much freedom as possible for the conservatee.
Duties and Responsibilities of a Conservator
Under Tenn. Code Ann. § 34-3-107, the conservator’s role involves making financial and health-related decisions in line with the individual’s best interests. Some matters may include:
- Ensuring essential care and medical treatment are arranged.
- Protecting the person’s money, paying bills on time, and seeking beneficial investments as allowed by the court.
- Maintaining separate financial records, including receipts and disbursements, and providing yearly accounts to the court.
Fiduciary principles also require the conservator to avoid conflicts of interest, act prudently, and not mismanage or commingle the individual’s assets.
Ending or Modifying a Conservatorship
A conservatorship can conclude or shift in scope if the court finds there is no longer a need. For instance, someone who has recovered sufficient abilities may petition for the restoration of certain rights. A court can alter a conservatorship by changing the conservator, expanding or reducing powers, or terminating it when it no longer serves the individual.
The ward or any concerned party may file a petition to request modification or to end the arrangement.
Alternatives to Conservatorship
Before filing for court-appointed authority, consider lighter approaches, including:
- Designating a Representative Payee to handle government benefits payments (e.g., Social Security).
- Opening a Shared or Restricted Bank Account to help the individual keep track of funds.
- Creating a Durable Power of Attorney (DPOA) for financial or healthcare matters.
- Setting up a Special Needs Trust to protect assets without risking benefits eligibility.
- Using the Tennessee Health Care Decisions Act to name a surrogate for specific medical issues.
- Agreeing to supported decision-making, where the individual receives guidance but retains the final say.
These alternatives sometimes suffice to protect an adult who only needs basic assistance in limited domains. However, if such measures do not address the person’s incapacity, conservatorship might be necessary.
Considering a Tennessee Conservatorship?
A conservatorship will benefit you and your loved ones in circumstances where decision-making is compromised. Our team at Foust & Foust Law offers personalized support, explaining everything clearly so you can feel at ease.
We are ready to listen, offer direction, and help you take the next steps to preserve the well-being of a loved one. We strive to keep your interests at the center and find a path that fits your particular circumstances. Please reach out to us by phone at 865-203-4041 or by filling out our online form whenever you wish to learn more about Tennessee Conservatorship and the range of solutions available.
