As parents age, their ability to manage their personal and financial affairs may decline and while many maintain their independence well into their later years, others may reach a point where they need additional help. In Tennessee, becoming your parent’s conservator may be the best way to ensure the well-being of an aging parent who can no longer make sound decisions due to cognitive decline, physical incapacity, or other serious issues. Deciding to pursue conservatorship, however, is not a step to be taken lightly nor without legal guidance. With that in mind, a Murfreesboro family law attorney at Bennett |
Michael | Hornsby explains how to know when it is time to pursue conservatorship over an aging parent in Tennessee.
Understanding Conservatorship in Tennessee
Conservatorship is a legal arrangement in which a court appoints an individual or entity (the Conservator) to manage the personal and/or financial affairs of an adult (the Ward) who is unable to make these decisions independently. Conservatorship is primarily governed by Tennessee Code Annotated § 34-3-101 which allows a Conservator to be appointed to oversee personal decisions, such as medical care, living arrangements, and personal well-being and/or financial decisions which may involves managing the ward’s assets, paying bills, and making financial investments. The court’s ultimate goal is to ensure that the conservatorship is tailored to meet the specific needs of the ward and to impose the least restrictive measures possible.
Signs It May Be Time to Pursue Conservatorship
Deciding to pursue conservatorship over an aging parent in Tennessee is rarely an easy decision and is usually one that requires balancing their need for protection with their right to independence. Recognizing when conservatorship is necessary requires careful observation, contemplation, and consideration. Some signs that may indicate it is time to consider petitioning for conservatorship include:
- Cognitive Decline or Dementia: If your parent is experiencing significant memory loss, confusion, or poor judgment, it may impair their ability to manage daily tasks or make safe decisions. For example, they may forget to pay bills, become unable to understand medical instructions, or fall victim to scams targeting seniors.
- Neglect of Personal Care: Signs of self-neglect, such as poor hygiene, unclean living conditions, or failure to take prescribed medications, may indicate that your parent can no longer manage his or her personal needs effectively.
- Financial Mismanagement: Look for signs of unpaid bills, unusual spending patterns, or difficulty managing financial accounts. If your parent has become financially vulnerable or is at risk of exploitation, a conservatorship may be necessary to protect their assets.
- Physical Incapacity: Chronic illness or physical disability may render your parent unable to handle essential tasks like shopping, cooking, or maintaining their home.
- Resistance to Assistance: Some parents resist help because of pride, fear, or lack of awareness of their limitations. If this resistance puts their safety or well-being at risk, conservatorship may be the best way to intervene.
Pursuing conservatorship can be emotionally challenging given that it involves acknowledging your parent’s loss of independence. It is important to approach the process with empathy and transparency, involving other family members whenever possible to avoid conflict. Consulting an experienced family law attorney is also crucial to successfully navigating the legal complexities and ensuring that you understand Tennessee law.
How Do I Establish Conservatorship in Tennessee?
If you determine that pursuing conservatorship is the right decision, you will need to petition the appropriate court to be appointed conservator. Although every situation is unique, the court process in Tennessee to become a conservator requires several common steps, including:
- Filing a Petition: You must file a petition which includes evidence of your parent’s incapacity and explains why conservatorship is necessary, with the probate court in the county where your parent resides.
- Obtain Evaluations and Reports: The court will appoint a guardian ad litem to investigate and represent your parent’s best interests during the proceedings. The court may also order a medical or psychological evaluation to assess your parent’s condition.
- Attend a Hearing: A hearing will be held to determine whether a conservatorship is warranted at which time the judge will review evidence, hear testimony, and decide whether to grant the petition. If the court grants the petition and determines that you are a suitable conservator, you will be issued letters of conservatorship, outlining the scope of your authority. You will be required to report regularly to the court to ensure compliance with your legal obligations.
Contact a Murfreesboro Family Law Attorney
If you have additional questions about how to know when it’s time to pursue conservatorship over an aging parent in Tennessee, consult with an experienced Murfreesboro family law attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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