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What Is a Conservatorship in Memphis, Tennessee?
In Memphis and across Tennessee, a conservatorship is a court process that gives one person (the conservator) legal authority to make financial and/or healthcare decisions for another adult (the ward) who can't manage those decisions alone.
Some states use the term “guardian,” but in Tennessee, conservatorship typically applies to adults.
Limited Conservatorship
A limited conservatorship is usually for an adult with a developmental disability—such as autism, epilepsy, or cerebral palsy—that began before age 18.
It's called “limited” because the conservator only handles specific areas where help is needed. The ward may still manage parts of their life independently.
Parents of children with disabilities should consider:
- Naming a guardian (if the child is a minor)
- Planning for an adult conservator
General Conservatorship
A general conservatorship is typically for an adult who becomes incapacitated due to:
- Alzheimer's, Parkinson's, or dementia
- Stroke or traumatic brain injury
- Serious illness or coma
- Other mental or physical impairments
While many cases involve elderly adults, younger people can also be affected due to an accident or other illness or injury.
What Does a Conservator Do in Tennessee?
Depending on the court order, a conservator may have authority to:
- Manage finances and pay bills
- Make medical decisions
- Choose living arrangements
- Access confidential records
- Enter contracts
- Consent to or refuse certain legal decisions
Powers can be broad—or strictly limited.
How Is a Conservator Appointed?
A conservatorship begins with a petition filed in court. The alleged disabled person (the “respondent”) must be notified. After a hearing, a judge decides whether a conservator is necessary and who should serve.
If no suitable family member is available, the court may appoint a:
- Friend
- Social worker
- Attorney
- Other qualified individual
Tennessee courts take these matters seriously because a conservatorship can remove significant personal rights.
Can a Conservatorship Be Contested or Terminated?
Yes. A proposed ward can contest the petition. Competing petitions may also be filed if there's disagreement over who should serve.
Termination typically happens if:
- The ward regains capacity
- The ward passes away
A court can remove a conservator for misconduct—but that does not automatically end the conservatorship.
Speak With a Memphis Conservatorship Attorney
Conservatorships are serious legal matters that affect financial, medical, and personal rights. If you are considering seeking one or contesting one, then speaking with an experienced Memphis attorney is critical. At Kaufman Monroe Law, we guide families through conservatorships so you can protect the people you love. Call 901-202-4747 to schedule a consultation.
This page is for informational purposes only and is not legal advice
