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Tennessee Petition to Appoint Substitute Conservator

Tennessee Petition to Appoint Substitute Conservator

Name: Tennessee Petition to Appoint Substitute Conservator
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Price: 59.00 USD
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Category:

Tennessee Court Samples - Conservatorships - Adult - Sample Case 2

State:

Tennessee

Control #:

TN-CN-23-07

Format:

Instant download

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Description

A07 Petition to Appoint Substitute Conservator

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FAQ

The person who believes another needs a conservator must file a petition with the court in the county where the ward lives. The petition must include a report by a doctor, psychologist, or senior psychological examiner that explains the proposed ward's medical condition.

A conservatorship is necessary for those individuals who have neither a power of attorney or healthcare directive, and have lost the ability to make informed decisions and/or care for themselves. A conservatorship may also be necessary for other reasons, such as an invalid or fraudulent power of attorney document.

A conservatorship is a court case where a judge appoints a responsible person or organization (called the conservator) to care for another adult (called the conservatee) who cannot care for himself or herself or manage his or her own finances.

Conservatorship must be court-ordered and is based on medical proof, such as physical or psychological evaluations, as well as lay witness testimony describing the individual's inability to care for him or herself. Any interested party (not just a relative) can petition the court for conservatorship.

The court removes the conservator The conservatee or any of his or her relatives or friends may ask the court to remove and replace the conservator. If the conservatee makes the request and does not have his or her own lawyer, the judge will generally appoint one to file the petition for the conservatee.

How is a guardianship or conservatorship set up? Someone interested in the individual's welfare must file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is scheduled.

A conservatorship may be established after a relative, friend, or public official petitions the court for appointment of a conservator. The petition must contain information on why the individual cannot manage his or her financial affairs or make appropriate decisions concerning his or her personal care.

The out-of-pocket costs to begin a conservatorship are the filing fee, which ranges from $278 to $1,176 (in 2019) depending on the amount of assets, plus the expenses for having the respondent personally served, getting certified copies from the court, etc., which are usually around $200.

Fix the residence or specific dwelling of the young adult child. Have access to the confidential records and papers of the young adult child. Control the right of the young adult child's right to enter into contracts. Give or withhold medical consent regarding the young adult child.

Tennessee Petition to Appoint Substitute Conservator

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How do I file a conservatorship in Tennessee?

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How do you get a conservatorship in Tennessee?

How do you replace a conservator?

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What are the 7 powers of conservatorship?

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