Legal Question in Elder Law in Tennessee

If your grandmother hasn't signed a power of attorney and/or power of attorney for healthcare (both of which would give the person named in the document the legal power to make business and/or healthcare decisions for your grandmother), then you may need to petition the court to have a conservatorship established for her care.

A conservatorship is a legal action in which the court appoints a person the "conservator" of your grandmother's person and/or assets. The conservator is usually a relative or family friend/advisor, and would be responsible for your mother's care - including paying bills, making sure her physical/health/emotional needs are met, and so on. The court oversees the conservator's decision-making, and the conservator would have to report at least annually to the court regarding the status of your grandmother's care and assets, among other things.

All of the rules regarding the conservatorship process and the guidelines governing a conservator's actions are set out in the following Tennessee statute (law): TCA 34-3-101 et seq. If you want to contact me directly via email at [email protected], I can send you an outline that briefly describes the requirements and duties in a conservatorship action.

You should contact an attorney in the county where your grandmother lives to discuss options. A conservatorship action generally isn't very expensive, but you should hire an attorney to guide you through the process, as the requirements are very specific. The action would be filed in the county of your grandmother's residence, but the conservator doesn't have to reside in the same county.