A conservatorship or guardianship is a legal relationship created and supervised by a court of law that appoints one person (the conservator or guardian) to provide and care for another person (the conservatee or ward) who is incapacitated or unable to care for themselves. For example, older persons sometimes need help managing finances, health care, and housing decisions due to the effects of aging, illness, disease, or injury. And if an older person has not appointed a power of attorney for health care or finances a family member(s) or friend may seek a conservatorship or guardianship. Because conservatorships and guardianships are also used for minor children, laws and courts sometimes refer to conservatorships and guardianships for older persons as adult conservatorships and adult guardianships to distinguish from those for minor children.

A person seeking a conservatorship or guardianship of an adult generally must file an application with the appropriate court (often the probate court) and demonstrate that the adult needs a conservator or guardian and the person seeking to be the conservator or guardian is fit for the job. The older person (proposed ward) is entitled to protections during the application process, including a guardian ad litem (attorney) to represent the proposed ward’s interests, and sometimes a jury trial on any disputed matters.

If the proposed ward’s family members do not agree on whether the proposed ward needs a conservatorship or guardianship, or on who the conservator or guardian should be, a conservatorship or guardianship proceeding may be time-consuming, expensive, and stressful.

Laws regarding adult conservatorships and guardianships vary from state to state and are usually located in a state’s statutes—often in the probate code or estates code.

In Tennessee, conservatorship is the legal process by which a court appoints an individual (the conservator) to make decisions for another person (the conservatee) who is unable to manage their own affairs due to incapacity. This can be due to aging, illness, injury, or disability. The process is governed by Title 34 of the Tennessee Code, which outlines the procedures for appointing a conservator and the responsibilities involved. To establish a conservatorship, a petition must be filed in the appropriate court, typically the probate court, demonstrating the need for a conservatorship and the suitability of the proposed conservator. The person who may need a conservatorship is entitled to legal protections, including representation by a guardian ad litem—an attorney appointed to represent the interests of the proposed ward. If there is a dispute among family members regarding the need for a conservatorship or the choice of conservator, the proceedings can become complex, costly, and emotionally taxing. Tennessee law also allows for less restrictive alternatives, such as powers of attorney, which can be a preemptive measure to avoid the need for a conservatorship.