Mt. Juliet and Lebanon TN
Caring for a friend or relative is a tremendous responsibility, especially when they cannot make decisions for themselves. Recently, there’s been lots of talk and news coverage regarding the Brittany Spears conservatorship battle. In the Britney Spears conservatorship case, a temporary conservatorship kept Spears from making healthcare decisions, among many other life decisions, after a situation at home uncovered mental instability years ago. Spears’ father, Jamie, was the conservator, which gave him the legal right to make decisions on Britney’s behalf. Frustrated with abuse allegations, Spears challenged the conservatorship in court and removed her restrictions after battling the case for years. Although the Britney Spears case may seem valid because of her reported mental challenges, it can be challenging to know when someone needs a conservatorship. Therefore, the Law Office of Yancy Belcher, Mt. Juliet’s conservatorship lawyer, shares details to help you navigate the conservatorship process.
When is a conservatorship necessary?
Legally, a conservatorship can help provide care for those who no longer have the mental capacity to understand and sign legally binding documents or who don’t have a Power of Attorney or health directive. In addition, if the Power of Attorney document is invalid or fraudulent or the individual cannot sign a medical power of attorney, a conservatorship may be necessary.
There are two conservatorship types: a conservatorship of the estate and a conservatorship of the person. Conservatorships of the estate require a petition to the court for the legal right to manage another person’s financial affairs. However, conservatorship of the person allows an appointed person to make personal decisions, especially regarding medical decisions. Our experienced conservatorship lawyer in the Nashville area provides consultation and recommendations for your conservatorship based on your case.
How long does it take to establish a conservatorship?
An uncontested conservatorship typically takes approximately four to eight weeks after the court hearing. However, some situations are crucial for the family member or friend to receive immediate and ongoing care. Hermitage conservatorship lawyers explain an emergency or temporary conservatorship can place your loved one in the care of a court-appointed third party until the final conservatorship completion. Typically, an emergency conservatorship can appear in court within five days of filing the petition with the court and mailing all required documents to the involved parties. On average, the temporary conservatorship lasts 60 days and can provide care during processing and contested conservatorship settlements.
What happens when someone contests conservatorship?
In some cases, family members or individuals may oppose the decision to have a conservatorship or argue over who should be the conservator. Opposition cases can receive approval for the conservatorship in the court of law if significant evidence illustrates the need. However, the court has the right to appoint an attorney to represent the conservatee and their rights, allowing the attorney to present their recommendation to the court in the client’s best interest.
When multiple family members contest the conservatorship, it can cause a delay in care. Therefore, some courts will consider a neutral third party for temporary care until an agreement or litigation for permanent arrangements occurs. The short-term care helps establish a Nashville conservator attorney for the conservatee and ensures their voice is a part of the process. In some cases, it can clarify desired care and allow the family to back away or find a resolution that works best for all involved parties.
Who pays the conservatorship’s costs?
A conservatorship can be costly when you consider each attorney, court costs, and a temporary professional fiduciary, especially if family members continue to disagree and prolong the process. In addition, the longer it takes to reach a settlement and confirm things in court, the more of your loved one’s estate will end up in the attorney’s pockets than for their care. Our Mt. Juliet law office explains that the conservatee, or person needing assistance, should pay for all costs, provided the funds are available. However, if funds aren’t available, the county may pay for the conservatorship costs.
Conservatorship Lawyer in Nashville area including Hermitage and Mt. Juliet, TN
Caring for loved ones who are no longer able to care for themselves is a huge responsibility. Ensure that your loved one receives the proper care and financial oversight they deserve when they can no longer take care of themselves. To find out more or schedule a consultation, feel free to contact a conservatorship lawyer in the Nashville area, including Hermitage and Mt. Juliet, TN. The Law Office of Yancy Belcher specializes in conservatorships, so call us today at (615) 773-2889 or contact us online to schedule your appointment.