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WHAT IS A CONSERVATORSHIP?
A conservatorship is the legal process in which the court deems an individual unable to care for himself or herself personally or financially, either due to a mental or physical incapacity. We often see this in the case of the elderly when they did not have a power of attorney in place before becoming incompetent.
A conservatorship allows certain rights to be removed from the individual and then given to an appointed "conservator." The interested party must petition the court, explaining why a conservatorship is necessary. Once properly filed, the court will then assign a guardian ad litem, who is in charge of investigating the situation and reporting to the court what he or she feels is in the best interest of the individual. This legal proceeding ensures that the alleged disabled individual's rights are protected and that someone has the legal authority to act on behalf of the disabled or incompetent person.
If you believe your loved one requires a conservatorship or you require legal representation in a conservatorship proceeding, The Cantrell Law Firm is here to help you by providing quality legal services. Our experienced Clinton conservatorship attorneys will make sure that your rights are upheld during and after a conservatorship proceeding, as well as help you seek what is in the best interests for a disabled loved one. Learn what to bring to your conservatorship appointment.
Conservatorship Law in Tennessee
Many conservatorship proceedings are initiated because a person is disabled, either physically or mentally, or if an elderly family member can no longer can make his or her own financial decisions on his or her own. The point of a conservatorship is to protect the disabled person and make sure his or her best interests are served.
However, if you suspect that a family member is being taken advantage of by his or her current appointed conservator or you believe the conservator is abusing his or her position, legal action can be taken, as the conservator has a fiduciary duty to act in the ward's best interests.
In addition, the disabled individual still maintains rights such as:
• The right to a hearing on the issue of his or her disability
• The right to appeal a court's decision
• The right to an attorney ad litem to advocate on his or her behalf
Contact Us for Your Conservatorship Needs
Our experienced Clinton conservatorship lawyers will sit down with you to discuss your specific conservatorship matter. We extend a free initial consultation. Call 865-457-9100, or contact us online.