Nobody wants to think about it, but it does happen.\u00a0 A loved one becomes incompetent<\/strong>.\u00a0 Sometimes, incompetency onsets in childhood, and sometimes at the later stages of life.\u00a0 No matter the age, when\u00a0 loved one is deemed incompetent<\/em> it is emotionally difficult.\u00a0 What is incompetency and what needs to be done?<\/p>\n Incompetency is a medical and legal determination<\/strong> that a person does not have the ability to (mental capacity) to make proper decisions<\/em> or to manage his\/her own affairs.\u00a0 In other words, due to a mental health issue<\/strong> the person lacks the ability make financial decisions or reasonable decisions regarding health care, relationships, living arrangements, and the like.<\/p>\n If a loved one is incompetent this person needs someone to be appointed by the court<\/strong> to take care of him\/her.\u00a0 In Tennessee this caretaker is generally called a Conservator<\/strong>, in some other states a guardian.\u00a0 The court makes a determination that someone is incompetent based upon a certified medical examination report from a Tennessee licensed physician.<\/p>\n After making this determination the court appoints a person<\/strong>, often times a relative to be the Conservator of the incompetent person and\/or his\/her estate<\/strong> (property).\u00a0 The court then removes the incompetent person’s rights<\/strong> to enter contracts, make legal decisions, vote, etc.,\u00a0 and transfers those rights to the conservator<\/strong>.<\/p>\n A Conservator acts as an agent of the court<\/strong> for the benefit of the incompetent person, called a “ward.”\u00a0 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.\u00a0 The court sometimes will require the Conservator to seek permission of the court before making certain decisions.<\/p>\n As with any legal issue, Conservatorship entails many complexities<\/strong>.\u00a0 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<\/a>.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" Conservatorship (guardianship) of an Incompetent Person Nobody wants to think about it, but it does happen.\u00a0 A loved one becomes incompetent.\u00a0 Sometimes, incompetency onsets in childhood, and sometimes at the later stages of life.\u00a0 No matter the age, when\u00a0 loved one is deemed incompetent it is emotionally difficult.\u00a0 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.\u00a0 In other words, due to a mental health issue the person lacks the ability make financial decisionsRead More →<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","ghostkit_customizer_options":"","ghostkit_custom_css":"","ghostkit_custom_js_head":"","ghostkit_custom_js_foot":"","ghostkit_typography":"","footnotes":""},"categories":[23],"tags":[53,95,180,193,194,195,220],"yst_prominent_words":[1217,1218,440,484,1219,1209,1210,453,489,1213,1215,483,1212,1208,1083,361,1211,1216,1214,485],"class_list":{"0":"entry","1":"post","2":"publish","3":"author-admin","4":"post-401","6":"format-standard","7":"category-general-legal-issues-chattanooga-tn","8":"post_tag-attorney-at-law","9":"post_tag-conservatorship","10":"post_tag-guardianship","11":"post_tag-incompetency","12":"post_tag-incompetent","13":"post_tag-incompetent-person","14":"post_tag-lawyer-legal-professional"},"featured_image_src":null,"author_info":{"display_name":"Todd Couvillon","author_link":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/author\/admin\/"},"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false,"hoot-small-preview":false,"hoot-large-preview":false,"hoot-medium-preview":false,"hoot-wide":false,"hoot-extra-wide":false,"hoot-boxcontent":false},"uagb_author_info":{"display_name":"Todd Couvillon","author_link":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/author\/admin\/"},"uagb_comment_info":2,"uagb_excerpt":"Conservatorship (guardianship) of an Incompetent Person Nobody wants to think about it, but it does happen.\u00a0 A loved one becomes incompetent.\u00a0 Sometimes, incompetency onsets in childhood, and sometimes at the later stages of life.\u00a0 No matter the age, when\u00a0 loved one is deemed incompetent it is emotionally difficult.\u00a0 What is incompetency and what needs to…","_links":{"self":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts\/401","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/comments?post=401"}],"version-history":[{"count":0,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts\/401\/revisions"}],"wp:attachment":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/media?parent=401"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/categories?post=401"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/tags?post=401"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/yst_prominent_words?post=401"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What is Incompetency?<\/h2>\n
A Conservator is a Court Appointed Caretaker<\/h3>\n