A Knoxville Lawyer Dedicated To Protecting And Preserving Families.

Knoxville Guardianship And Conservatorship Lawyer

Sometimes, circumstances arise where loved ones can no longer care for themselves. Often, this means creating a guardianship or conservatorship to protect a family member.

I am attorney David A. Montgomery of the Family Law Practice of David A. Montgomery, and I provide compassionate legal representation in Knoxville, Tennessee. With extensive experience in family law and estate planning, I understand the challenges families face in safeguarding a vulnerable loved one. You can count on me to explain your options and prioritize the best possible solution.

Conservatorship Vs. Guardianship: Similar Yet Different

Both conservatorships and guardianships help to protect vulnerable individuals, but they are not identical. Learning about their differences and how they are used can guide you in choosing the ideal option.

A conservatorship involves appointing a responsible agent to manage the financial affairs and property of an adult who cannot do so. Examples of what the conservator can do include managing bank accounts, paying bills and overseeing investments. Conservatorships are often used for elderly individuals with cognitive impairments or adults with significant disabilities.

By contrast, guardianship means appointing someone to make personal decisions for someone who cannot care for themselves. Examples include decisions about medical care, living arrangements and day-to-day activities. Guardianships are often used for minors whose parents cannot care for them or adults with severe disabilities who cannot make personal decisions.

Both tools can provide essential protection and oversight for those unable to care for themselves.

Establishing A Guardianship Or Conservatorship In Knoxville

In Tennessee, establishing a conservatorship or guardianship involves filing a petition in court and notifying relevant parties (relatives, etc.). You must also provide medical evidence of the individual’s incapacity.

A hearing will occur to determine the need for a conservatorship or guardianship. If granted, the court appoints a responsible individual to manage the person’s affairs. I can guide you through this legal process, helping to ensure compliance with state legal requirements.

The process of establishing these protective arrangements occurs outside of typical estate planning tasks, but it is a service some lawyers, including myself offer.

Call To Protect A Vulnerable Family Member

If you are considering guardianship or conservatorship, call my Knoxville office at 865-643-8452 or online to arrange a no-obligation consultation. I can provide the support and guidance you need to ensure your choices protect your vulnerable loved ones now and in the future.