Conservatorship (guardianship) of an Incompetent Person

Nobody wants to think about it, but it does happen.  A loved one becomes incompetent.  Sometimes, incompetency onsets in childhood, and sometimes at the later stages of life.  No matter the age, when  loved one is deemed incompetent it is emotionally difficult.  What is incompetency and what needs to be done?

What is Incompetency?

Incompetency is a medical and legal determination that a person does not have the ability to (mental capacity) to make proper decisions or to manage his/her own affairs.  In other words, due to a mental health issue the person lacks the ability make financial decisions or reasonable decisions regarding health care, relationships, living arrangements, and the like.

A Conservator is a Court Appointed Caretaker

If a loved one is incompetent this person needs someone to be appointed by the court to take care of him/her.  In Tennessee this caretaker is generally called a Conservator, in some other states a guardian.  The court makes a determination that someone is incompetent based upon a certified medical examination report from a Tennessee licensed physician.

After making this determination the court appoints a person, often times a relative to be the Conservator of the incompetent person and/or his/her estate (property).  The court then removes the incompetent person’s rights to enter contracts, make legal decisions, vote, etc.,  and transfers those rights to the conservator.

A Conservator acts as an agent of the court for the benefit of the incompetent person, called a “ward.”  The Conservator typically has to post a bond, and has to report to the court on an annual basis on the condition of the ward and the ward’s finances.  The court sometimes will require the Conservator to seek permission of the court before making certain decisions.

As with any legal issue, Conservatorship entails many complexities.  If you believe that a loved one needs to be placed under Conservatorship contact an attorney to discuss the legal process and ramifications. Attorney Jim Purple has 31+ years experience in conservatorship / guardianship cases.