CONSERVATOR OF THE PERSON
A “Conservator of the Person” is appointed by the Court and they generally make healthcare and personal care decisions for the Ward or Conservatee. For example: housing arrangements; which nursing home or assisted living facility the Ward or Conservatee will be place, meal preparation; and general medical decisions.
CONSERVATOR OF THE ESTATE
A “Conservator of the Estate or Property” is appointed by the Court to generally make financial and business decisions for the Ward or Conservatee. The Conservator of the property takes possession of the Ward or Conservatee’s assets and income and is responsible for using the Ward or Conservatee’s assets for the Ward or Conservatee’s benefit. The Conservator in charge of financial and business decisions must file an annual accounting with the Court to ensure that they are using the money responsibly. Furthermore, this person generally must get a bond
Usually, the same person is appointed as both conservator of the person and of the estate. However, there are situations in which the Court chooses to appoint separate persons as conservator of the person and the estate. For example, if the proposed Conservatee has children and they do not agree on financial issues then the Court may appoint a third-party to be in charge of finances and allow the children to make healthcare decisions.
HOW IS A CONSERVATOR APPOINTED?
To become the conservator of a disabled person one must file a Petition with the Court requesting to be appointed as conservator. After the Petition is filed, a Court hearing is scheduled to determine whether or not the disabled person needs the legal protection of a conservatorship. Generally speaking, close family members will need to have notice of this proceeding.
Generally, Physician’s Statement is filed with the Court prior to the hearing. The purpose of the Medical Report is to inform the Court of the medical condition of the proposed Ward or Conservatee.
A Guardian Ad Litem must be appointed by the Court to examine the medical condition and financial assets and income of the proposed Ward or Conservatee, and to consider the qualifications of the person petitioning to be Conservator. Prior to the hearing, the Guardian Ad Litem files a written report with the Court listing their findings.
An Attorney Ad Litem (an attorney licensed to practice law and serve as the advocate for the disabled person) must be appointed if the proposed Ward or Conservatee does not want a Conservator or if the Petitioner(s) file a Petition for an Emergency Conservator to be appointed.
The Court makes the final decisions on whether the proposed Ward or Conservatee is disabled, whether a court appointed conservator is needed, who should be the conservator, and what limitations, if any, are placed on the conservator’s actions.
AVOID THE EXPENSE AND STRESS OF A CONSERVATORSHIP BY HIRING BULLOCK LAW FIRM TO DRAFT YOUR ESTATE PLANNING DOCUMENTS
A Power of Attorney is one method of planning for future disability. A power of attorney is a written legal document which appoints a family member or friend to make decisions for you if you are disabled or incapacitated and cannot make the decisions for yourself. There are two types of powers of attorney.
A Durable General Power of Attorney appoints someone to make financial decisions for you. A Durable Health Care Power of Attorney appoints someone to make medical or healthcare decisions for you. Both powers of attorney are relatively inexpensive compared to a court administered conservatorship.
If you are looking for a competent attorney in Tennessee to draft your Powers of Attorney look no further than Adam Bullock and Bullock Law Firm. Call today at (423) 566-6001.
CAN BULLOCK LAW FIRM FIGHT AGAINST A CONSERVATORSHIP IF ONE IS FILED AGAINST ME
YES! If a conservatorship petition has been filed against you or a loved one and you do not agree with the petition, then call Adam Bullock and Bullock Law Firm today at (423) 566-6001 to protect your rights. Bullock Law Firm will work tirelessly to protect your freedoms and ensure you can live your life freely. The attorney can explain your options and alternatives. You can then decide whether to oppose the conservatorship or to consent to the conservatorship.
DO YOU HAVE A FRIEND OR LOVED ONE THAT NEEDS A CONSERVATOR?
If a friend or loved one is disabled, and if the friend or loved one does not have a Power of Attorney, then you may need to petition the Court for a conservatorship in order to protect the assets and health of the disabled friend or loved one. Contact Adam Bullock and Bullock Law Firm today at (423) 566-6001 for an appointment to advise you how to proceed.
WHAT IF THE HEALTH, SAFETY OR WELFARE
OF A FRIEND OR LOVED ONE IS IN IMMEDIATE JEOPARDY?
In Tennessee, the Court may appoint an Emergency Conservator without notice if substantial harm is imminent. The Ward or Conservatee must be given notice of the appointment within 48 hours and a hearing must be held within 5 days. The Emergency Conservator may only serve for a maximum of 60 days.
WHO SHOULD I ENGAGE BULLOCK LAW FIRM AND ADAM BULLOCK TO ASSIST ME WITH A CONSERVATORSHIP?
Adam Bullock and Bullock Law Firm, PLLC, have the tools necessary to guide you through filing a conservatorship, defending against one filed, and how to avoid a conservatorship. Whether you are in LaFollette, Knoxville, Powell, Fountain City, Oneida, Huntsville, Halls, or Morristown, Bullock Law Firm is ready to serve you. (423) 566-6001.