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Conservatorships for Disabled Young Adults

What is a conservatorship?

When a person age 18 or older is unable to make decisions about health care or finances, courts can appoint a family member or another person to oversee those decisions. This legal process is called a conservatorship. In Tennessee, a person who cares about the young adult can ask for a conservatorship if the young adult needs help making important decisions.

State law allows parents and legal guardians to make important health and financial decisions for minors. But that protection ends when the child reaches age 18. That means the parent or guardian can no longer legally consent to their child’s:

  • Medical exams
  • Care
  • Treatment of the patient

Patients may be able to select someone else to make decisions for them. But some patients have physical or mental disabilities that make them unable to understand information and make decisions about themselves or their property. The court may name a conservator to consent for the young adult with disabilities. The court considers the patient’s best interests when they select a conservator.

The conservator can be:

  • An adult chosen by the patient
  • A spouse
  • An adult child or close relative of the patient
  • Another person the court approves

What a conservator does

Depending on the type of the conservatorship, the conservator can do the following on behalf of the patient:

  • Make health care decisions
  • Manage money and property
  • Make legal decisions
  • Make other decisions 

How to get a conservatorship

The first step in getting a conservatorship is to file a petition with the court. In Tennessee, a person who knows about the patient’s disability and who wants to be the conservator can file this petition. This person is called the petitioner.

An attorney can prepare and file the documents for the petitioner. The petitioner must also submit a recent report about the patient from a doctor or psychologist. Sometimes a St. Jude doctor or psychologist can prepare the report for you to give to the attorney.

The court must decide whether a patient has a qualifying disability. To be disabled, patients must need to be:

  • Partially or fully supervised
  • Protected from harm
  • Helped with self-care due to a mental or physical illness, injury, or other problem 

The court will only appoint a conservator if it finds clear and convincing evidence of a patient’s disability. This must be shown through a medical or psychological report. This process might differ in other states.

The patient may keep certain rights if they or someone else:

  • Does not believe appointing a conservator is the correct thing to do
  • Does not agree that the person selected should be the conservator

If that happens, the patient may request a hearing, show evidence, or appeal the court’s decision. The court may appoint an attorney to represent the patient’s interests.

After considering the petition, considering any reply, and conducting a hearing, the court may appoint a conservator for the patient. This may be a limited or full conservatorship. It depends on the amount and type of power the judge gives the conservator.

This can be a costly and complex process. It can sometimes take several months to complete. If you want to try to get a conservatorship, St. Jude advises that you talk with an attorney. 

How long a conservatorship lasts

Unless someone shows that the conservatorship should be changed or ended, it lasts for the patient’s entire life. If at any point the conservator becomes unwilling or unable to do the job, the court can transfer the conservatorship to another person.

The court will end the conservatorship if:

  • The court decides that the patient no longer has a disability.
  • The court decides that ending the conservatorship would be in the patient’s best interests.

Patients from other states or countries

If the patient is not already under a conservatorship, it may be possible to apply for one in Tennessee. Even so, Tennessee state courts may or may not be able to consider the petition based on certain factors.

In some cases, you may have to file the petition in another state where the patient has been living longer. An attorney can help decide the correct place to file a petition for conservatorship.

If a conservator has already been appointed for the patient in a different state, there are 2 ways for that conservator to be recognized in Tennessee:

  • The out-of-state conservatorship can be registered in a Tennessee court.
  • The out-of-state conservatorship can be transferred to a Tennessee court. 

For more information

If you are a resident of Memphis or Shelby County, Tennessee, contact:

If you are a Tennessee resident, contact:

If you are not a Tennessee resident, contact:

You may also ask your social worker, who may be able to help you find legal services.

Key points

  • A conservator is a person who makes decisions about health or personal care or finances on behalf of another person.
  • In Tennessee, both the conservator and the person needing help must be adults.
  • If you want to try to get a conservatorship, you should talk with an attorney.

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Reviewed: February 2024