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Conservatorship must be court-ordered and is based on medical proof, such as physical or psychological evaluations, as well as lay witness testimony describing the individual's inability to care for him or herself. Any interested party (not just a relative) can petition the court for conservatorship.
The first step that must be taken in appointing a conservator is filing a petition for the protection of an incapacitated or disabled person. In Tennessee, this petition is typically filed in the probate court.
File a Petition For Conservatorship with the court: File a Confidential Supplemental Information Form: File a Confidential Conservatorship Screening Form: File a Duties of Conservator Form: Serve Notice on the Conservatee: Provide Notice to the Conservatee's Relatives:
How long does it take? If the conservatorship is uncontested, it usually takes about four to eight weeks.
How is a guardianship or conservatorship set up? Someone interested in the individual's welfare must file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is scheduled.
A conservatorship is necessary for those individuals who have neither a power of attorney or healthcare directive, and have lost the ability to make informed decisions and/or care for themselves. A conservatorship may also be necessary for other reasons, such as an invalid or fraudulent power of attorney document.
Conservatorship paperwork is a legal institution whose purpose is to ensure normal living conditions and represent the interests of citizens who are unable to take care of themselves. The group of such people includes young children, minors, as well as adults with health problems that limit their ability to act.