Watching a loved one age and gradually lose their cognitive functions can be tough. It could mean that your family has to start considering legal options to protect your relative. A conservatorship may help protect your peers who can no longer make decisions on their own.
Conservatorship options to choose from
Tennessee law may customize a guardianship based on the individual’s ability to make decisions. Based on your relative’s needs, there are two options: full conservatorship and partial conservatorship.
The severity of your loved one’s incapacity can help you choose between the two options. You can either opt to take every life decision on their behalf or make some choices for them. Unlike full conservatorship, partial ones may allow the senior citizens some leeway in making life choices.
You loved ones’ rights after becoming your ward
Such arrangements do not aim to remove a conservatee’s rights completely unless absolutely necessary. Tennessee courts generally seek to protect the best interests of a person with a disability as much as possible. If you proceed, your loved one can still:
- Request a court hearing to discuss whether such an arrangement is necessary
- Share their concerns, specific requirements and expectations regarding guardianship
- Request the court for changes if they are not happy with the conservator assigned by law
- Attend any court hearings concerning them as a ward
- Ask the court to appoint a special attorney to represent them
- Request the court to keep their health and financial details private
Your loved ones can terminate or modify their conservatorship by filing a petition in the probate court. This can be helpful if they: want to challenge the existing arrangements; regain their capacity to make decisions or opt for a less restrictive alternative. Consulting a legal counsel might help your kins understand their rights clearly.
Making informed conservatorship decisions
Entering conservatorship is an important decision and cannot be taken lightly, as it can affect your kin’s legal rights and decision-making authority. It can also affect your lifestyle once you take this responsibility. Understanding the balance between independence and protection can help you make informed decisions for your loved ones.