Guardianship/Conservatorship
Introduction to Guardianship and Conservatorship
Guardianship and conservatorship involve legal proceedings to appoint someone to manage the affairs of an individual who is unable to care for themselves. This can include minors, adults with disabilities, or elderly individuals.
Types of Guardianships
- Over of the Person: Involves making personal decisions such as health care and living arrangements.
- Over of the Estate: Involves managing financial affairs.
Why would you need a Guardianship or Conservatorship?
In Tennessee, a guardianship or conservatorship is needed when a person (a minor or an adult) is unable to make or communicate responsible decisions regarding their personal or financial affairs. These legal tools are used to protect vulnerable individuals and ensure their needs—whether personal, medical, or financial—are met.
Why You Need a Guardianship or Conservatorship in Tennessee:
- For Minors:
- When a child’s parents are deceased, incapacitated, or otherwise unable to care for the child.
- To manage a minor’s inheritance, lawsuit settlement, or insurance proceeds that exceed $25,000.
- For Adults:
- When an adult becomes incapacitated due to illness, injury, dementia, intellectual disability, or addiction and is unable to make informed decisions.
- For Minors:
Guardianship vs. Conservatorship in Tennessee:
| Feature | Minors (under 18) | Conservatorship |
|---|---|---|
| Applies to Focus | Care and custody of a child | Management of personal and/or financial affairs of an adult |
| Court Process | Probate Court appoints a guardian | Probate Court appoints a conservator |
| Examples | Making medical, school, or living arrangements | Paying bills, managing property, consenting to medical care |
How We Can Help
At Trail, Coleman & Stearns, our attorneys assist in establishing and managing guardianships and conservatorships.