A conservatorship is a court-appointed arrangement where an individual, known as the conservator, is given the authority to manage the affairs of another person, known as the conservatee. This can be a complex and time-consuming process, but understanding the basics is essential.
To initiate a conservatorship, a petition must be filed with the court, typically by a family member or a concerned friend. The court will then appoint an attorney to represent the conservatee.
The conservator's role is to ensure the conservatee's basic needs are met, including providing food, shelter, and medical care. They are also responsible for managing the conservatee's finances, making financial decisions on their behalf.
The conservatorship process can be lengthy, often taking several months to a year or more to complete.
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What Is Conservatorship?
A conservatorship order is the paperwork from the court that assigns someone to be a conservator. This person will make certain decisions on behalf of the individual with a disability.
There are two main types of conservatorships. A full conservatorship gives the conservator the right to make all life decisions, including financial, medical, and legal decisions. A limited conservatorship, on the other hand, allows the conservator to make some decisions while the individual retains the right to make all other decisions.
A conservatorship can be over the person, the property, or both. In Tennessee, conservatorships are limited to areas where the individual does not have the capacity to make decisions.
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Types of Conservatorship
There are several types of conservatorships, each used to accomplish a different goal for the parties involved.
A financial conservatorship gives a conservator the ability to manage the conservatee's assets.
Conservatorship is granted when the individual in question no longer has the capacity to make decisions on their own behalf, which is usually due to mental incapacity.
There are three main types of conservatorship actions: General Probate Conservatorship, Limited Conservatorship, and LPS Conservatorship.
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A General Probate Conservatorship is for all other adults who are unable to provide for their personal needs due to physical injury, dementia, or other reasons.
A Limited Conservatorship is only for a person who is developmentally disabled, and the powers of the conservator are limited so that the disabled person may live as independently as possible.
An LPS Conservatorship is for a gravely disabled person due to a mental disorder who may be a danger to themselves or others and requires hospitalization in a psychiatric facility.
An LPS conservatorship requires the annual reappointment of the conservator and may involve placement in a locked facility.
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Appointment and Role
A court typically has the authority to appoint a guardian in Korea, and the process begins with an evaluation of the ward's health by a doctor.
In the United States, a conservator is usually a family member or close friend who is responsible for ensuring the safety and well-being of the adult who cannot care for themselves.
The court proceedings in Korea will often question the ward and hear their testimony regarding the guardianship, so the ward can make the most use of their remaining capacity and choose a suitable guardian.
A conservator has a legal obligation to make decisions in the conservatee's best interest, and they must keep full records of every decision they make on behalf of their conservatee.
The court will have jurisdiction over the ward's address, and if the Family Court is not present, a district court or a branch court will have authority over the matter.
A conservator must not use the conservatee's resources for their personal gain, and they must periodically present their records to the court.
The court can enforce the conservator's decisions on its own authority, and relatives or other interested parties can sue the conservator personally if they believe they did not act in the conservatee's best interests.
To ensure the conservator is acting in the conservatee's best interest, they must ask the person what they want, do everything possible to help the person express their wants and needs, and seek input from others when necessary.
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A conservatorship can be terminated when the person has developed or regained capacity in areas in which they were found incapacitated by the court, or when less restrictive alternatives exist.
Here are the key roles and responsibilities of a conservator:
- Financial conservator: ensures the conservatee's bills are paid, taxes are filed, and investments are overseen.
- Physical conservator: ensures the conservatee receives necessary health care and is in a living situation safe for them.
- Both types of conservators must keep full records of every decision they make on behalf of their conservatee.
Eligibility and Process
A Conservator is usually a family member or close friend. They take on the responsibility of ensuring the safety and well-being of the adult who cannot care for themselves.
If there is no one willing to act as Conservator, a private professional Conservator or the Public Guardian may be appointed. This is an option when no one else is available to take on the role.
A Conservator's primary concern is the well-being of the adult in their care, and they play a crucial role in making decisions on their behalf.
Eligibility for Conservatorship
To be eligible for conservatorship, a family member or close friend can serve as the conservator. This person is responsible for ensuring the safety and well-being of the adult who cannot care for themselves.
A conservator can be appointed if there is no one willing to take on the role. This can include a private professional conservator or the Public Guardian.
The conservator's primary responsibility is to protect the individual's best interests.
Tennessee's Legal Stance
Tennessee law defines conservatorship as a court proceeding that removes decision-making powers from a person with a disability who lacks capacity to make decisions in one or more important areas.
In Tennessee, conservatorship is defined in the Tennessee Code Annotated 34-1-101(4)(A).
You have a right to a hearing on the issue of disability, which means you can ask for a special meeting at court to help decide if you need a conservator because of your disability.
This right is stated in Tennessee Code Annotated Title 34 Chapter 3 Section 106 (TCA 34-3-106).
You can also tell the court what you want and need, even if it's not the same as the person who wants to be your conservator.
This means you have a voice in the conservatorship process.
Here are some specific rights you have under Tennessee law:
- You can ask for a special meeting at court to help decide if you need a conservator because of your disability.
- You can tell the court what you want and need, even if it's not the same as the person who wants to be your conservator.
- You can ask the court to change their mind if they give you a conservator you don't want, and you can get a special attorney to help you.
- You can attend all the court meetings about your conservatorship.
Additionally, you have the right to have an attorney ad litem appointed to advocate your interests.
Managing the Estate
Managing the Estate is a crucial part of conservatorship. You must manage the conservatee's assets with the care of a prudent person dealing with someone else's property.
As conservator of the estate, you must keep the money and property of the conservatee's estate separate from everyone else's, including your own. This means opening a bank account in the conservatee's name and using their social security number.
You must also locate, take possession of, and protect the conservatee's income and assets that will be administered in the estate. This includes changing the ownership of all assets into the conservatorship estate's name, such as recording a copy of your Letters of Conservatorship with the county recorder for real estate.
An inventory and appraisal of the estate property must be filed within 90 days after your appointment. This includes serving a copy of the inventory and appraisal on the conservatee and all relatives to the second degree, along with instructions on how to object.
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Managing the Estate
As conservator of the estate, you must manage the conservatee's assets with care, making cautious investments that avoid speculation and risk.
You must keep the conservatee's estate assets separate from everyone else's, including your own, and never mix them with your own funds or anyone else's funds. When opening a bank account for the estate, use the conservatee's social security number and ensure the account name clearly indicates it's a conservatorship account.
Securities in the estate must be held in a name that shows they belong to the estate, not your personal property. You should never deposit estate funds in your personal account, even for brief periods.
Locate the estate's property, take possession of it, and protect the conservatee's income and assets. Change the ownership of all assets into the conservatorship estate's name, and record a copy of your Letters of Conservatorship with the county recorder in each county where the conservatee owns real property.
Determine the value of the estate property, either by having a court-appointed referee do it or by doing it yourself, depending on the court's instructions. You must file an inventory and appraisal within 90 days after your appointment as conservator of the estate.
A copy of the inventory and appraisal, along with instructions on how to object, must be served on the conservatee and all relatives to the second degree.
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Accountings
As conservator of the estate, you must file a petition requesting that the court review and approve your accounting one year after your appointment and at least every two years after that.
You should have receipts and other documents available for the court's review, if requested. The court may ask that you justify some or all expenditures.
Failure to file your accounting as required will result in the court ordering you to do so. You may even be removed as conservator for failure to file an accounting.
Other Restrictions
As conservator of the estate, you'll have specific restrictions on how you can handle estate assets. You may not pay fees to yourself or your attorney without prior court order.
You may not make a gift of estate assets to anyone, which means you can't just give away the estate's property or money to friends or family members.
Paying yourself or your attorney without permission can lead to serious consequences, including being removed as conservator. You'll need to get court approval for any payments.
Borrowing money from the estate is also not allowed without prior court order. This means you can't take out a loan or use estate funds to cover personal expenses.
If you use estate funds to purchase real property without permission, you may be required to reimburse the estate from your own personal funds. This can be a costly mistake, so it's essential to get court approval before making such a purchase.
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Conservatorship vs. Power of Attorney
A conservatorship and power of attorney both give someone the authority to make decisions on your behalf, but they differ in how they're exercised.
Power of attorney can be as narrow or broad as you choose, allowing you to grant authority over specific areas, such as finances or healthcare.
Unlike a conservatorship, power of attorney is exercised at the discretion of the individual, meaning you can revoke it whenever you wish.
This flexibility is a key advantage of power of attorney, allowing you to prepare for your own incapacitation by drafting a POA form empowering someone to make decisions on your behalf.
A conservatorship, on the other hand, is typically court-appointed and can be more restrictive.
If you've drafted a POA form while of sound mind, it will supersede any conservatorship.
In the News
Conservatorships have been making headlines in recent years, particularly with the high-profile case of Britney Spears. Britney Spears has been under a conservatorship for over a decade due to struggles with mental health.
Her father Jamie Spears has had control over her finances and other aspects of her life, sparking debate and a movement to #FreeBritney. The conservatorship was finally ended in November 2021 after Spears gave an emotional testimony.
Companies and institutions can also be placed in conservatorship, as seen with Freddie Mac and Fannie Mae, two government-sponsored mortgage companies. They were placed into conservatorship in 2008 to preserve their assets and property.
As of August 2025, Freddie Mac and Fannie Mae remained in conservatorship, a testament to the long-term nature of these arrangements.
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