Crane Building • 254 Court Avenue • Suite 209 • Memphis, TN 38103-2361
"Sometimes our loved ones, through no fault of their own, are no longer
able to care for themselves and need someone to look out for them."
When Adults become incapable of caring for themselves or their property, they may find themselves in need of a court imposed Conservatorship. A Conservator is a person who is appointed by the Court to provide protection, assistance, and supervision of the personal needs of a disabled person and/or the property of a disabled person. A “disabled” person is one who is incapable of managing his or her own person and/or estate because of a mental illness, physical illness or injury.
Whether a person is in need of a conservator is a legal determination that is made by the Judge. When the Court appoints a conservator, the disabled person is often called a “ward.” If the Court appoints a conservator solely to manage the assets of the ward, he or she is often called a “conservator of the estate.” If the conservator is appointed to make decisions about the ward's medical care or other personal matters, the conservator is termed the “conservator of the person.” A Conservator is generally a willing and capable family member, appointed by the Court to oversee the affairs of a person who is unable to care for themselves or their business affairs. If one or more family members are not available to serve in the capacity of Conservator, the Court will appoint a public conservator to handle the affairs of the person.
If you have a family member who is unable to handle their personal or business affairs, we at Eskridge & Eskridge can help you through this difficult time in your family’s life. Eskridge & Eskridge will guide you through the process of planning for the needs of your family and for you and your loved one’s long term care. A complete consultation will be necessary, so call us today. And remember, we make House and Hospital Calls. "We'll Take Care Of You."
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Certain estate plans may eliminate the need for a formal Court supervised Conservatorship. Contact Eskridge & Eskridge now to discuss your Estate Plan. Visit “Estate Planning” here to learn more about Estate Plans.
Conservatorship Proceedings
"A Conservator can be that "helping hand" to the
family member in need"
In Shelby County, Tennessee, Probate Court has jurisdiction to hear matters regarding Conservatorship. In this proceeding, a Petition is generally brought by a family member, interested party, or the State of Tennessee to request that the Court appoint a Conservator to manage the personal and or the financial needs of person who is unable to care for themselves. The establishment of a Conservatorship creates the requirement of supervision by the Court and generally an annual accounting of the finances concerning the Ward will be required, as well as the requirement that the Conservator post a bond to protect the Ward’s assets and estate. Again, we at Eskridge & Eskridge can help you with this process. "We'll Take Care Of You."
For Information regarding minor children (under 18 years of age) see "Guardianships" (click here).
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Additional Information
Should you desire additional information concerning our firm and the firm's practice areas, contact us today to be added to our mailing list and to request our brochure entitled, "Conservatorship" and our firm's Personal Care Brochure. You can now sign up to receive our upcoming Quarterly Personal Newsletter.
Contact Eskridge & Eskridge
Contact us to discuss your needs with our experienced attorneys. You can reach us several ways, you may contact us via telephone by calling our offices on 901-522-9600, or if you are out of the local calling area you may call us toll-free on (800) 881-5574, or e-mail us here at info@eskridgefirm.com, or simply use our Reservation online form to make an appointment. Remember, we make Home and Hospital calls. Make your Reservations Now.
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One of the major benefits of a valid Durable Power of Attorney Document is that once the person who named an agent in the document becomes incapacitated, a Conservatorship is typically not needed, as the named Agent can handle all personal and business affairs. However, should a Conservatorship be required, the Agent named in the Power of Attorney will have priority to become the Conservator.
No. Unfortunately, once a person becomes incapacitated, in this case, suffering with Alzheimer’s disease, they are unable to execute a Power of Attorney document. Your Mother does not have the mental capacity to sign legal documents and in order to handle business affairs on behalf of your Mother, a Conservator must be appointed.
The Agent named in a Durable Power of Attorney document has priority to be named Conservator. Tennessee Law outlines the priority of family members who may be appointed, however, Tennessee law also mandates that persons appointed Conservator meet other qualifications. Contact the Firm for more information.
In most cases, the Conservatorship ends upon the death of the Ward, however, if at any point, it is determined that the Ward is no longer in need of a Conservator, the Court may terminate the Conservatorship.
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