Conservatorship
Who may file the conservatorship proceeding?
Anyone who has an interest in the disabled person’s welfare may file the conservatorship petition. The petitioner does not have to be a family member.
Are there conservatorship forms so that an attorney is unnecessary?
Tennessee courts do not provide forms for a conservatorship.
How much does it cost?
It depends on the complexity of the case and whether or not the disabled person or a family member contests the conservatorship.
How long does it take?
If the conservatorship is uncontested, it usually takes about four weeks. If the disabled person is in a life-threatening situation, it can take less time.
Why does it take so long?
A conservatorship is a process. The attorney must draft the Petition to explain why a conservatorship is necessary. Then the Petition must be filed with the Court. The Chancellor must sign an Order appointing a Guardian Ad Litem (a neutral attorney), and the clerk must issue the Summons and Notice of Hearing. The disabled person must be formally served with a copy of the Petition and Notice of Hearing, and the next of kin must be notified by certified mail. The Guardian Ad Litem must perform an investigation and make a report to the Court. Finally, if the matter is uncontested a brief in-chambers hearing is held.
Is there an alternative to a conservatorship?
In some cases, there is no alternative. However, if the disabled person is willing and competent to sign a power of attorney, a conservatorship may be avoided.
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