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Call Us Today!
(865) 539-8282
Call Us Today!
(865) 539-8282

Guardianships and Conservatorships

CONSERVATORSHIPS
If an adult cannot manage his/her personal and financial affairs, that person is legally disabled. A conservator must be appointed for a person who is legally disabled unless the person signed a Durable Power of Attorney for Health Care and a Durable and General Power of Attorney or similar documents before becoming disabled. A conservatorship is established by filing a petition for appointment of a conservator with the proper court. The court in which the petition is filed will appoint a guardian ad litem, which is similar to a court-appointed attorney for the disabled person. A doctor or licensed psychologist must file a report with the court which proves that the person is disabled. If the court finds that the person is legally disabled, then the court will appoint a conservator for the disabled person.

Conservators are appointed for the person and/or the property of a disabled person. The conservator of the person of a disabled person is authorized to obtain medical treatment and make medical decisions for the disabled person. The conservator of the property of a disabled person is authorized to make financial decisions for the disabled person and to manage and preserve the disabled person’s property. The same person is usually the conservator of the person and the property of the disabled person, but this is not always the case.

Please contact Mr. Crane if you are considering establishing a conservatorship.

Call 865-539-8282 to schedule an appointment.


GUARDIANSHIPS
Courts appoint guardians for children under the age of eighteen (minor children) in many different situations. A guardianship is established by filing a petition for appointment of a guardian in the proper court. Two of the most common reasons for appointing a guardian for a minor child are:
  1. a child is living with someone other than the child’s parents,
  2. a child has received an inheritance.

Minor children must have guardians because the law does not permit them to make contracts, make important decisions by themselves, or receive inheritances directly.

If a child is living with someone other than the child’s parents, the person with whom the child is living should be appointed as the child’s guardian so that that person can register the child for school, obtain medical treatment for the child, and obtain coverage for the child under the guardian’s health insurance. A person with legal custody of a child may register the child for school and obtain medical treatment for the child, but most health insurance companies will not allow a person with only legal custody of a child to carry that child on the legal custodian’s health insurance policy.

If a minor child receives an inheritance, a guardian must be appointed by a court to receive the inheritance. The guardian must hold the inheritance, invest it if it is money, file annual accountings with the court which appointed the guardian, and give the inheritance to the child when the child reaches the age of eighteen. In most situations guardians who hold a minor’s inheritance must obtain a bond to insure that the inheritance is protected.

Mr. Crane has helped many persons establish and manage guardianships, and he would be pleased to discuss your need for a guardianship with you.

Call 865-539-8282 to schedule an appointment.

Contact Information

Knoxville Office:
9111 Cross Park Drive
Knoxville, TN 37923
(865) 539-8282
Mailing Address:
575 Pickel Rd
Loudon, TN 37774