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A conservatorship is a legal relationship created by a court order taking decision-making authority away from a person with a disability and vesting that authority in another. A “person with a disability” is a person over the age of eighteen (18) determined by a court to be in need of partial or full supervision, protection and assistance by reason of mental or physical incapacity.

In Tennessee, conservatorship petitions are brought in the county of residence of a person in any court exercising probate jurisdiction. Conservatorships should be the least restrictive and tailored to the best interests of the person with a disability.

Types of Conservatorships in Tennessee

Three types of conservatorships can be granted in Tennessee – full, limited, and temporary.

A Court may appoint a full, limited or temporary conservatorship only if there is clear and convincing evidence to support the Respondent is incompetent to make personal, health or financial decisions for himself or herself. A full conservatorship grants authority to an individual over both the person and property of the Respondent. A limited conservatorship only grants an individual only partial authority of a Respondent. It can be just for medical decisions or financial decisions but not usually both. Temporary conservatorship as its name suggests is for a limited time, usually no longer than sixty (60) days and are brought if a crises or emergency arises with the Respondent that necessitates immediate action.

If you are concerned about someone’s welfare and think they may need someone to manage their affairs, Attorneys at Holden Law Office can help you.