Guardianship

Franklin Guardianship Lawyer

A guardianship is a legal framework designed to protect individuals incapable of managing their own affairs, whether due to age, incapacity, or disability. In Tennessee, this protective measure is taken very seriously, ensuring the well-being and rights of those who cannot advocate for themselves. “Guardians” for Tennessee adults are also known as “conservators.”

Those who may need the protection of a guardian or conservator include minors without a parent or with parents unable to care for them, as well as adults who have been deemed incapacitated by the courts due to physical or mental disability. This can include adults with cognitive decline, such as dementia, or those who are developmentally disabled.

The primary aim of guardianships and conservatorships is to ensure the individual's safety, well-being, and financial stability. These court-appointed individuals have a duty to act in the ward's best interests and must report their actions to the courts, ensuring accountability and transparency.

At McGill Law, we represent those seeking and contesting guardianships and conservatorships in Franklin, throughout Williamson and Davidson Counties, and Middle Tennessee. Our attorney is well-versed in relevant Tennessee law and proceedings and has a decade of professional experience.

Request a free initial consultation with our Franklin guardianship attorney. You can reach us on our online contact form or call (615) 398-6453 to get started.

Guardianships & Conservatorships in Tennessee

Guardians and conservators play a crucial role in protecting the interests of their wards. Their duties can encompass a wide array of responsibilities carefully tailored to meet the specific needs of the person under their care.

These responsibilities might include everyday decisions such as arranging proper education and healthcare and more complex tasks like managing the ward's finances, investments, and property.

Guardians and conservators may also make lifestyle decisions for the ward, including determining where they will live, ensuring their safety and comfort, and handling legal matters on their behalf.

In essence, guardians and conservators are the primary decision-makers for their wards, always aiming to promote their well-being, independence, and financial security. This role demands a high degree of integrity, compassion, and commitment, as these individuals profoundly impact the lives of those they serve.

Court Oversight

Guardians and conservators are subject to court oversight to ensure they fulfill their responsibilities in the best interest of their wards. This oversight typically involves submitting regular reports to the court detailing their activities on behalf of the ward, including financial transactions, healthcare decisions, and changes in living arrangements.

These reports enable the court to monitor their actions and intervene if necessary to protect the well-being and rights of the ward. This reporting system ensures that guardians and conservators act per the law in service to their wards.

Types of Guardianships

Tennessee recognizes several types of guardianships, each tailored to the needs of the ward:

Conservatorship of the person: This type of conservatorship focuses on the individual's physical well-being. It grants the conservator authority over personal affairs such as healthcare decisions and living arrangements.
Conservatorship of the estate: This form caters specifically to the individual's financial affairs. The conservator can manage the person’s financial assets and liabilities.
Full conservatorship: A full conservatorship grants the conservator the right to make all life decisions for the individual, encompassing both personal and financial decisions
Guardianship for minors: This guardianship applies to individuals under 18. In these cases, a court determines that the minor needs a guardian to manage their personal and financial matters due to the death, incapacity, or absence of the parent(s).
Public guardianship: Specifically designed for elderly or disabled adults who do not have family members or friends willing or able to serve as a guardian. Each of the nine development districts in Tennessee is required to hire staff to serve as district public guardians.

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Court Considerations in Guardianships & Conservatorships

Individuals who wish to become guardians or conservators in Tennessee must submit their case to the courts. In making decisions, courts consider the potential ward’s physical and mental condition, the proposed guardian’s ability to provide a safe and stable environment, the preferences of the potential ward if they can express a reasonable opinion, and recommendations from any evaluating professionals or agencies.

At McGill Law, we can guide clients through the legal process when seeking or opposing guardianships or conservatorships. Our firm can provide a comprehensive assessment of your case, assist with the application process, represent you at court hearings, and provide advice on fulfilling your duties as a guardian or conservator.

Contact us online or at (615) 398-6453 to consult our Franklin guardianship attorney about your legal needs today.

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