Whether you’re a caregiver for an elderly family member, or someone who’s concerned about their own future care, understanding conservatorships is crucial. But it’s not all smooth sailing. There are some serious pitfalls, and real-life stories which can be downright scary — like that of pop singer Britney Spears’ recent legal battle over her conservatorship, and TV host Wendy Williams where it seems unclear whether she needs a conservatorship at all.
I thought it would be important to look at these cases and remind us of the potential dangers that comes with conservatorships. Also in this episode, I’ll break down what a conservatorship is, how it works in Tennessee, and share some cautionary tales to help you avoid common mistakes.
A conservatorship is a legal arrangement where a court appoints someone to manage another person’s personal, financial, or medical affairs. In Tennessee, a conservatorship may be established for individuals who are unable to care for themselves due to age, illness, or disability. The person appointed to be the conservator has a significant responsibility, often taking on the role of managing finances, making healthcare decisions, and overseeing daily living.
But here’s where things get tricky. While conservatorships can be lifesaving for individuals who truly need help, they can also be ripe for abuse because they are aimed at taking your rights away in these areas and giving them to someone else, i.e. the Court appointed Conservator. Let’s explore what happens when a conservatorship goes wrong and what you, as a caregiver or adult child, should watch out for.
What’s a Conservatorship in Tennessee?
Under Tennessee law, a conservatorship is established when a person is determined by a court to be incapable of handling their own personal or financial affairs. In other words deemed to be incapacitated or disabled and this could be due to physical or mental health issues, such as dementia, brain injury, or any condition that impairs someone’s ability to manage their own life.
In Tennessee, conservatorships can be temporary or permanent. Temporary conservatorships are often put in place when someone has suffered a health emergency, and there’s an immediate need to manage their affairs. Permanent conservatorships are established for individuals who are expected to be permanently incapacitated.
There are different types of conservatorships, which I go over in Episode 60 of the Boomer Time podcast.
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Disclaimer: The information provided on this website and on the podcast is not intended to be considered as legal advice or constitute an attorney/client relationship as provided under the Tennessee Rules of Professional Conduct.
