5 Signs You May Need to File for a Conservatorship

Legal Insights
Written By Amelia Crotwell, JD

When a person hasn’t planned for the future and can no longer manage finances or make healthcare decisions, Conservatorship may be a solution.What exactly is a Conservatorship? It is the means by which a court removes certain legal rights from a person who is not competent (the Respondent) and transfers those rights to another responsible party (the Petitioner). This is different from the authority authorized under a Power of Attorney document, in that the person signing a power of attorney retains his or her legal rights.To obtain a Conservatorship, the parties must file a petition with the court, and the court will typically appoint a guardian ad litem to investigate whether a Conservatorship is needed. The Court must determine that the Respondent is a fully disabled person in need of assistance from the Court.The Petitioner must provide evidence to the court to support the petition for Conservatorship, including an affidavit from a treating physician. The Respondent may object to the petition, and a hearing is then held by the court to determine whether the conservatorship is warranted.Once created, the court continues to supervise the Conservatorship and will require periodic reports on the health and financial status of the respondent. Major decisions may require court approval.

Here are five signs you may need to file for a Conservatorship:

  • A person can no longer manage paying bills or manage assets
  • A person is making financial decisions that are out of character like giving money away or making unusual purchases
  • A person is doing things that are dangerous to themselves or their financial security and has a medical condition like dementia
  • You need to access bank accounts to pay expenses but you have no legal authority to access funds
  • A person needs medical care and you need legal authority to make care arrangements

Many people file for Conservatorship without a complete understanding of what it is or whether it is necessary. It is important to seek help from a qualified Elder Law Attorney who can assess the situation and help make an informed decision about the best solution for your unique situation.Have questions about Conservatorship? Contact us today! It would be our honor to help you and your family. 865-951-2410 | info@elderlawetn.com

Amelia Crotwell, JD

Amelia Crotwell, founder and managing partner at Elder Law of East Tennessee, has guided families through long-term care and special needs challenges for nearly two decades. Specializing in Life Care Planning and special needs trusts, Amelia also collaborates across all areas of elder law, including wills, trusts, Medicare, Medicaid, probate, and veterans benefits planning. Certified as an Elder Law Attorney since 2011, she is president-elect of the Life Care Planning Law Firms Association and co-chair of their strategic planning committee. Amelia is deeply involved in the Special Needs Alliance and a prominent member of the National Academy of Elder Law Attorneys. She played a key role in founding the Tennessee chapter of NAELA, serving as its first president. A member of the Tennessee Bar Association and past chair of its Elder Law Section Executive Council, Amelia also dedicates time to pro bono work and community education. She earned her J.D., summa cum laude, from the University of Tennessee College of Law and teaches Elder Law there as an adjunct professor since 2018.

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