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When someone you love can no longer manage health, housing, or finances, Tennessee’s conservatorship process can provide critical protection — while preserving as many of their rights as possible. At TN Probate Lawyer, we guide families through every stage of conservatorship, from urgent emergencies to long-term court oversight. We also defend and modify conservatorships when they’re no longer necessary or when they were set up too broadly.
We handle both administration and litigation. Whether you need to set up a narrowly tailored conservatorship, respond to a contested petition, or enforce a conservator’s duties, our team brings deep probate court experience to your case.
What is a Conservatorship in Tennessee?
A conservatorship is a court proceeding that transfers specific decision-making powers from an adult who lacks capacity (the respondent) to a conservator. Tennessee law requires courts to use the least restrictive alternative — removing only the rights necessary to keep the person safe and their property protected.
Common reasons families seek a conservatorship
- Advanced dementia or Alzheimer’s disease
- Serious mental illness or traumatic brain injury
- Developmental or intellectual disabilities reaching adulthood
- Severe medical conditions that impair decision-making
- Exploitation or financial abuse by others
Types of Conservatorships
- Conservator of the Person: Makes personal and healthcare decisions (medical treatment, living arrangements, safety).
- Conservator of the Estate: Manages money and property (banking, bill-pay, benefits, real estate).
- Limited Conservatorship: Tailored to specific rights (for example, finances only), keeping all other rights with the respondent.
Alternatives to Consider First
Because the law requires the least-restrictive solution, courts will expect families to consider practical alternatives before seeking a full conservatorship, such as:
- Durable Power of Attorney (financial and healthcare)
- Advance directives and HIPAA releases
- Supported decision-making agreements
- Representative payee for Social Security or VA benefits
- Short-term help (e.g., case management, bill-pay services)
We’ll quickly evaluate these options with you. If they won’t keep your loved one safe, we’ll be ready to file.
The Tennessee Conservatorship Process (Step-by-Step)
- 1. Consultation & Strategy. We assess safety risks, assets, capacity, family dynamics, and whether emergency relief is needed.
- 2. Medical Evidence. Tennessee courts require a recent, sworn evaluation (usually by a physician or psychologist) addressing capacity and recommending what powers — if any — are needed. If the respondent refuses or hasn’t been examined recently, the court can order an evaluation.
- 3. Petition & Proposed Orders. We file a verified petition with required details (respondent information, nature of the disability, proposed conservator, powers requested, property overview, and less restrictive alternatives considered).
- 4. Guardian ad Litem & Counsel. The court typically appoints a guardian ad litem to investigate and report, and may appoint an attorney ad litem to advocate for the respondent’s wishes.
- 5. Hearing. The respondent has the right to attend, present evidence (including their own medical proof), and request confidentiality for health and financial records.
- 6. Order & Letters of Conservatorship. If granted, the court issues an order that lists the specific powers transferred and the rights retained. The clerk issues Letters of Conservatorship so third parties (banks, hospitals, title companies) can rely on your authority.
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7. Post Appointment Duties. When there is property to manage, the conservator generally must:
o Take an oath and, if required, post a bond (often equal to one year of personal property value plus expected income).
o File an inventory of assets within 60 days.
o Account to the court after six months and at least annually thereafter, unless the court waives accountings in limited circumstances.
o Seek court approval for major actions (e.g., selling real estate, large gifts, or changes to care settings), as required by local practice and orders. - 8. Right sized, not one size. We draft orders to fit the person’s actual needs — preserving autonomy wherever possible and avoiding unnecessary restrictions.
Emergency Conservatorships (When Time Really Matters)
If someone faces immediate risk to health, safety, or assets, the court can appoint an emergency conservator with narrowly defined powers. Emergency orders are temporary and cannot exceed 60 days. A prompt hearing is held to decide whether emergency powers should continue or be replaced by a regular conservatorship.
Our team can prepare and file emergency papers quickly — the same day when facts and medical proof are ready.
What a Conservator Can (and Cannot) Do
A conservator is a court-supervised fiduciary. Depending on the order, duties may include:
- Arranging and consenting to medical care; coordinating caregivers
- Choosing safe housing; addressing self-neglect or abuse
- Managing income, benefits, bank accounts, and bills
- Protecting property from theft, scams, or waste; pursuing claims
- Keeping detailed records and filing timely inventories and accountings
Limits: Conservators must only act within the powers granted, must prudently manage assets, and must put the person’s interests first. Courts can modify or terminate a conservatorship if capacity improves, if less-restrictive supports are sufficient, or if a conservator fails to perform.
Contested & Complex Matters
Family disagreements, competing petitions, questions about capacity, or allegations of misuse of funds can turn a routine case into litigation. We regularly:
- Litigate contested hearings on capacity and the scope of powers
- Pursue or defend emergency relief and protective orders
- Address accounting disputes, asset recovery, and sales
Seek modification or termination when circumstances change
Get in touch
Why Families Choose TN Probate Lawyer
- Focused probate practice. Our work centers on probate administration, trust and estate litigation, and the court processes that protect vulnerable adults.
- Balanced approach. We’ll explore alternatives first, then pursue targeted court relief.
- Court-ready evidence. We coordinate medical evaluations and sworn reports that meet Tennessee’s proof requirements.
- Clear next steps. You’ll know exactly what to gather, what to expect at the hearing, and what to do after appointment.
Serving: Memphis, Germantown, Collierville, Bartlett, Lakeland, Arlington, and courts throughout West Tennessee.
Call: (901) 481 – 7966
Office: 530 Oak Court Dr., Suite 360, Memphis, TN 38117
This page is for general information only and isn’t legal advice. Every case is different — please contact us to discuss your situation.
Frequently Asked Questions (FAQs)
Q1: Do we always need a conservatorship?
Not always. If valid powers of attorney or supported decision-making tools are in place and working, the court may find a conservatorship unnecessary. We’ll help you evaluate what’s in place and whether it’s enough.
Q2: Who can serve as conservator?
Tennessee courts look first to a person named by the respondent in a signed writing, then to a spouse, adult child, other close relatives, a district public guardian, or another qualified individual. The court ultimately appoints whoever is in the respondent’s best interests and willing and able to serve.
Q3: How fast can we get emergency protection?
If the facts show immediate risk, the court can appoint an emergency conservator with limited powers for up to 60 days, followed by a prompt hearing. We can often prepare emergency papers the same day — but medical proof and a clear statement of the risk are essential.
Q4: What financial reporting is required?
When there’s property to manage, conservators typically must file a sworn inventory within 60 days, a six-month accounting, and annual accountings thereafter, unless the court waives accountings in limited circumstances. You must keep receipts and detailed records.
Q5: Will I have to post a bond?
Often, yes. If you’ll control money or property, the court commonly requires a bond (frequently equal to one year of personal property value plus expected income). The amount can be adjusted as estate values change. Courts may waive bond in narrow situations.
Q6: Can a conservatorship be changed or ended?
Yes. If the person’s capacity improves, if a less-restrictive plan will work, or if the conservator is not performing, the court can modify powers or terminate the conservatorship. The respondent or any interested person may ask the court to review the order.
Q7: What rights does the respondent keep?
Rights not specifically transferred stay with the respondent. They also have significant due-process rights during the case — including to attend hearings, present evidence (including their own medical proof), have an appointed attorney if needed, and seek protective orders to keep health and financial information confidential.
Q8: We live out of state. Can we still help?
Often, yes. Out-of-state relatives can petition, but Tennessee courts prefer a conservator with a close, practical connection to the respondent. If you’re not local, we can structure the plan to include local helpers and monitoring safeguards.
Q9: How much does it cost?
Costs vary with complexity (medical proof, family disputes, emergency filings, accountings). Court costs, investigation fees, and bond premiums may apply. When appropriate, certain fees can be paid from the respondent’s assets with court approval.
Q10: What happens if a conservator misuses funds?
The court can order surcharges, removal, and repayment (often against the conservator and their surety bond). We pursue recovery actions and protective remedies when needed.