When your aging parents are unable to speak for or take proper care of themselves, it can be a very stressful time for everyone involved. Parents are often too stubborn to admit their vulnerabilities. Some may not realize they are making foolish mistakes with their money or health care. However, when you see serious issues indicating your parent is losing their capacity, consider exploring legal options with an experienced lawyer. If your parent does not have a power of attorney or advance health care directive assigning an agent to take care of matters for them in the event of their incapacity, family members can ask the court to grant them a conservatorship for their parent. To grant a conservatorship, Tennessee law requires that the court must find that the person is in need of the court’s protection and that the person is unable to manage their own affairs.
The court relies on the person’s physician’s statement regarding mental incapacity. Further, the court may appoint a guardian ad litem for the adult whose family members are seeking a conservatorship.
At Mark E. Tillery, Attorney at Law, we understand the difficulties families go through when exploring appropriate options to care for their aging parents. Our compassionate team is experienced in the process and can help you. Call our office for a free consultation to learn more.
Do you have a disabled child who will soon be an adult? Have you made arrangements for their care once they are an adult? Without a conservatorship, due to HIPAA and privacy laws, you may be unable to continue communicating with your loved one’s doctors, social workers, or others involved in their support and care once they are of legal age.
If your adult son or daughter is disabled due to an injury or birth defect, and would not be able to care for themselves on their own, you can petition the court for a conservatorship over your disabled adult child to continue your role of caring for them.
Call Mark E. Tillery, Attorney at Law, today to discuss your needs with a knowledgeable attorney or email us by completing our online form.