Practice Area · Court Appointments & Fiduciary Representation
Conservatorship & Guardianship Attorney in Franklin, Tennessee
Court-appointed representation for adults and minors who need someone to act on their behalf.
Overview
What are Conservatorships and Guardianships?
A conservatorship is a court-supervised arrangement in which one person (the conservator) is appointed to manage the finances, personal care, or both, of an adult who no longer has the capacity to do so themselves. A guardianship is the same idea, but for a minor child who needs a legal fiduciary in place of a parent.
Both are serious matters that require court supervision, medical proof of the need, and ongoing accountability. Tennessee law favors the least restrictive alternative, meaning the court gives the conservator only the powers actually needed.
Our Clients
Who We Work With
Our conservatorship and guardianship clients are family members petitioning to protect a loved one, court-appointed Guardians ad Litem, and individuals responding to a petition filed by someone else. We also serve as court-appointed Emergency Conservators and Guardians ad Litem across Davidson and Williamson counties.
Scope of Work
What We Handle
Common matters include:
- Petitions for conservatorship of an adult
- Petitions for guardianship of a minor
- Emergency conservatorship petitions for immediate safety concerns
- Guardian ad Litem representation
- Annual accountings and court filings
- Modification and termination of existing conservatorships
- Contested conservatorship litigation
A conservatorship is often avoidable. Powers of attorney and healthcare directives put in place through estate planning can eliminate the need for court involvement entirely.
How We Work
Our Approach
Conservatorship cases involve some of the most difficult family dynamics we see. A parent’s cognitive decline, a sibling’s overreach, a stranger taking advantage of a vulnerable adult. We handle each case with the seriousness the situation deserves and the practical judgment that comes from doing this work regularly.
We know the local courts, the local judges, and how conservatorship petitions actually move in Davidson and Williamson counties. That familiarity matters when time and outcomes are on the line.
Tennessee law favors the least restrictive alternative. So do we.
Tennessee Statutes
Conservatorships Under Tennessee Law
Conservatorship is a court proceeding with real procedural protections for the person whose rights are at stake.
Tennessee conservatorships and guardianships are governed primarily by Title 34 of the Tennessee Code. General provisions appear in T.C.A. § 34-1-101 et seq., with adult conservatorships specifically addressed at T.C.A. § 34-3-101 et seq.
Tennessee law requires medical proof of the respondent’s incapacity, notice to the respondent and interested parties, appointment of a Guardian ad Litem to represent the respondent’s interests, and a hearing before the court. Once appointed, the conservator has ongoing duties, including annual accountings and reports to the court.
Emergency conservatorships are available under Tennessee law when immediate action is needed to protect a person at serious risk of harm. These are temporary and require a subsequent full hearing.
Because the process removes rights from an adult, the courts take it seriously, and so do we.
Common Questions
Frequently Asked Questions
What is the difference between a conservator and a guardian in Tennessee?
In Tennessee, a conservator is appointed for an adult who lacks capacity, and a guardian is appointed for a minor child. Both roles have similar duties (managing finances, making personal decisions, or both) but apply to different populations.
How long does it take to get a conservatorship in Tennessee?
Uncontested conservatorship petitions typically take one to three months from filing to appointment, depending on the county and court calendar. Emergency conservatorships can be granted much faster (sometimes within days) when the situation warrants. Contested conservatorships take longer.
Do I need a conservatorship for my elderly parent?
Not necessarily. If your parent has a valid power of attorney and healthcare directive already in place, those documents may cover what you need. Conservatorship is generally reserved for situations where no valid pre-existing documents exist, the documents aren’t sufficient, or the person has lost capacity to sign new documents.
What does an Emergency Conservator do?
An Emergency Conservator is a temporary court appointee who steps in quickly when a vulnerable adult is at immediate risk (financial exploitation, medical decisions that must be made now, unsafe living conditions). The appointment is time-limited and followed by a hearing on whether a full conservatorship should be established.
How much does a conservatorship cost?
Costs vary depending on whether the matter is contested. An uncontested conservatorship includes filing fees, Guardian ad Litem fees, medical evaluation costs, and attorney fees. Contested conservatorships can be significantly more expensive. Some fees may be paid from the ward’s estate rather than out of pocket.
Can a conservatorship be avoided?
Often, yes. Well-drafted powers of attorney (financial and healthcare) executed while a person still has capacity can eliminate the need for a conservatorship later. This is one of the strongest arguments for planning ahead through estate planning documents before a crisis arises.
Next Step
Ready to Get Started?
Schedule a consultation. Whether you’re considering a petition, responding to one, or trying to figure out if a conservatorship is even the right path, we can help.