Knoxville, Tennessee: Guardianships & Conservatorships
Guardianships and conservatorships are two legal tools that can be extremely useful. A guardianship and conservatorship are both processes where the court appoints a person to care for a person who is unable to make decisions for himself or herself. Usually this is because of a disability, illness or youth.
The process of setting up a guardianship or conservatorship can be straightforward or complex, depending on the specific circumstances of your situation. If you are considering either a guardianship or conservatorship, early legal advice from a knowledgeable lawyer can provide answers to your questions and a roadmap for the process.
Knoxville Attorney James R. LaFevor
Our law firm, located in downtown Knoxville, is led by long-time Knoxville attorney James R. LaFevor. A native of Tennessee, Mr. LaFevor has more than 30 years' of experience handling legal matters for individuals and families in middle and eastern Tennessee. Our law office has a long-standing reputation as an excellent resource for families seeking professional legal advice at reasonable rates. Contact us to schedule a free initial consultation.
Basic Information About Guardianships and Conservatorships
The court can appoint a conservator in a conservatorship proceeding only after it determines that the person is in need of protection. The court may appoint a conservator of the estate, to care for a person's property and finances; or the court can appoint a conservator of the person, to provide for the person's medical care and other personal requirements. The court may grant a conservator both powers, if necessary.
In the case of an elderly parent, it is best to begin the process of establishing a conservatorship before the parent loses all ability to manage his or her own care, due to dementia, Alzheimer's disease or another medical condition.
When a child's parents are unable to care for a child, because of death or incapacity, the court may appoint a guardian through a guardianship proceeding. This person will be granted the power to make important decisions for a child and mange his/her financial affairs.
If you have a disabled child who will soon turn 18, it is less expensive to establish a guardianship while the child is still a minor.
With both guardianships and conservatorships, the court will almost always appoint a guardian ad litem to look out for the child or adult's best interests. The guardian ad litem is an attorney whose job is to evaluate the petition from the point of view of the proposed ward (the person in need) — to make sure the proposed arrangements are in that person's best interests.
Contact the Law Office of James R. LaFevor
If you have questions about guardianships or conservatorships, we are happy to provide an initial legal consultation free of charge. During the initial appointment, you will meet with Mr. LaFevor and receive preliminary legal information and advice about your specific request.
To make an appointment, call toll-free 866-752-2921 or use our online contact form.
