Guardianship & Conservatorship

When a loved one can no longer make decisions for themselves, whether due to age, illness, or disability, a guardianship or conservatorship may be necessary to ensure their safety and well-being. These are some of the most sensitive matters in the legal system, and they require an attorney who approaches them with both legal skill and genuine compassion.

Guardianship

A guardianship gives a court-appointed individual the authority to make personal and healthcare decisions for someone who is unable to make those decisions on their own. A guardian of the person is responsible for decisions about the ward’s living arrangements, medical care, and personal welfare, as distinct from financial matters. We help families navigate the guardianship process, including:

• Filing petitions for guardianship in Tennessee courts
• Representing proposed guardians at hearings
• Annual reporting and compliance
• Emergency and temporary guardianships
• Guardianship of minors

Conservatorship

A conservatorship grants authority over the financial affairs of a person who is unable to manage their own finances. Unlike guardianship, which deals with personal and healthcare decisions, a conservatorship specifically addresses financial management, asset protection, and fiscal accountability. The conservator has a fiduciary duty to act in the best interest of the person under their care, including prudent management of funds, accurate recordkeeping, and regular reporting to the court.

• Petitions for conservatorship
• Court-appointed conservator services
• Financial reporting and accountings
• Conservatorship disputes and modifications

Fiduciary Responsibility

Whether serving as guardian or conservator, the appointee carries significant fiduciary responsibilities. This includes the duty of loyalty, the duty of care, proper accounting, and regular reporting to the court. Failure to meet these obligations can result in removal, surcharge, or other legal consequences. We help both those seeking appointment and those already serving as fiduciaries understand and fulfill their duties.