Conservatorship & Guardianship

When Someone You Love Needs You to Step Up Legally.

Conservatorship and guardianship cases arise when someone can no longer make decisions for themselves, and someone who loves them needs the legal authority to help. I walk families through these proceedings with clarity and care.

Conservatorship vs. Guardianship

Conservatorship

A court-appointed conservatorship gives one person legal authority to manage another person’s finances and legal affairs. Typically sought for:

• A parent with advancing dementia or Alzheimer’s
• An adult who has become incapacitated due to illness or injury
• A minor who has inherited significant assets

Guardianship

A court-appointed guardianship gives one person legal authority to make personal decisions for another, where they live, what medical care they receive. Sought for:

• Incapacitated adults who can no longer manage their own care
• Minor children whose parents are unable to care for them

These can be sought together or separately, and the court can appoint the same person for both roles or different people based on the specific situation.

What “Lack of Capacity” Actually Means to a Court

Courts do not appoint conservators or guardians based on a family’s concern or a difficult living situation. They require evidence that the individual genuinely lacks the capacity to make the relevant decisions for themselves, and that appointment is the least restrictive option available.

“Capacity” in Tennessee law is not binary. The court evaluates whether the person can understand and appreciate the nature and consequences of the specific decisions being made, financial decisions, personal care decisions, or both. A person can have capacity in some areas and lack it in others. The court’s appointment can be tailored to reflect that.

What the court requires to evaluate capacity:

Medical or psychological evidence from qualified professionals. A report from a court-appointed guardian ad litem or other representative who visits the individual personally. Evidence of the proposed conservator or guardian’s suitability, no disqualifying conflicts of interest, demonstrated willingness and ability to serve in the role.

Timeline:

From filing to appointment typically runs 4 to 6 months, depending on the county and the complexity of the case.

Emergency appointments:

If the situation is urgent, a parent is about to make a financially damaging decision, a medical crisis requires immediate action, Tennessee law has emergency conservatorship procedures that can move significantly faster. I’ll tell you whether your situation qualifies.

These cases are almost always emotionally difficult. The person whose capacity is being evaluated is a parent, a sibling, a spouse. I handle them with that understanding.

How It Works

Both require a formal court petition and a hearing. The court evaluates whether the individual actually lacks capacity to make the relevant decisions, and whether the proposed conservator or guardian is the right choice. I handle:

• Filing the petition and all required documentation
• Gathering supporting evidence (medical records, professional evaluations)
• Representing you at the hearing
• Completing any post-appointment court requirements

These proceedings are taken seriously by the courts, and the standards for appointment are real. I’ll give you an honest assessment of whether your situation qualifies and what the process will look like from start to finish.

PRICING NOTE: Handled on a flat-fee or retainer basis, starting at $2,000. I’ll confirm the fee for your situation in your consultation.

A couple of things on cost: court filing fees are separate from my fee, the court sets those and they vary by county, so I’ll give you a realistic picture for yours. And if paying up front is tough, we offer payment plans through Affirm (subject to credit approval). Either way, call the office or schedule a consult below and we’ll walk you through the process.