Nov 02, 2016 - 09:11 AM
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Nov 10, 2016 - 08:42 AM
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Be sure to note that different states define conservatorships and guardianships differently. In Tennessee for example, a guardianship is generally established for a minor (i.e., a person who is legally incapacitated by age). On the other hand, TN law uses the term, “conservatorship,” when referring to a legal relationship established for an adult who is “incapacitated” or a “person with a disability” as defined by the statutes. Generally, the threshold question is whether or not the Respondent (the proposed ward) has the ability to take care of themselves, of if their condition is such that a conservator is needed to manage their assets and/or make medical decisions.
These fiduciary relationships can be complicated, and this writing is certainly not the full picture. It is highly suggested that you seek the advice of counsel prior to proceeding with either a conservatorship or a guardianship.