Conservatorships & Guardianships
Protecting the Health and Financial Well-Being of Loved Ones with Additional Needs
Caring for Loved Ones Who Need Additional Support
Almost every family has at least one member who has some kind of additional needs. It could be an elderly parent suffering from dementia or a physical disability that makes it difficult for them to care for themselves, or it could be either a minor or adult child who is on the Autism spectrum or who suffers from another mental or physical disability.
As an estate planning lawyer in Knoxville, TN, David A. Montgomery Law can assist families and individuals seeking to protect the health and financial well-being of loved ones who are unable to care for themselves. This includes incapacitated adults who need a conservator appointed, minors who need a guardian appointed, and special needs family members who need special planning.
"Compassionate protection for your most vulnerable family members"
Conservatorships
A conservatorship is a legal process in which a court appoints a family member or another trusted individual to manage the affairs of an adult who is unable to make decisions for themselves. Conservatorships are typically necessary when an individual has not planned ahead by creating documents like a Durable Power of Attorney or an Advance Directive for Health Care before becoming incapacitated.
Once appointed, a conservator has the legal authority to make important personal and financial decisions on behalf of the incapacitated adult. This can include determining where the person will live, managing their medical care, handling legal matters, and overseeing their finances—such as paying bills, managing investments, and selling property when necessary.
Without a conservatorship, adults over the age of 18 are legally presumed competent to manage their own affairs. This means that even well-meaning family members may not be able to intervene if the individual is making decisions that could be harmful or mismanaging their assets. A conservatorship ensures that a responsible person can step in to protect the adult's well-being and financial security.
Conservatorships can also provide continuity of care for individuals with life-long disabilities. For example, parents of a mentally disabled child can continue to care for their child after they turn 18, maintaining the same level of protection and support they provided before adulthood.
Our Conservatorship Services
As an estate planning lawyer in Knoxville, TN David A. Montgomery Law has worked with numerous families across East Tennessee to obtain conservatorship Orders. These have included cases in which all the closest family members agree on the conservatorship, which minimizes time and costs, and cases in which a family member contests the conservatorship.
We also assist Conservators in understanding and carrying out their duties, including filing all required financial and other reports with the Court.
Guardianships
"Ensuring the safety and well-being of children in need of guardianship"
A guardianship is a legal process, similar to a conservatorship, in which a court appoints a family member or another trusted individual to care for a minor child. Guardianships are typically necessary in situations such as:
When a person seeks custody of a family member, such as a grandchild, niece, or nephew, because the child's parent or parents are unable to care for them due to death or other circumstances.
When a child inherits property from a family member who has passed away and someone must manage the child's assets responsibly.
Once appointed, a guardian has the authority to make important personal decisions for the child, including healthcare, education, and daily living arrangements. Guardians may also manage the child's finances and assets, ensuring that the child's property is protected and used appropriately.
At David A. Montgomery Law, we have helped many individuals become court-appointed guardians and fulfill their responsibilities with confidence. From filing the necessary financial and legal reports to the court to guiding you through every step of the process, we provide the expertise and support needed to protect the child's best interests.
If you are considering serving as a guardian for a minor, we would be happy to meet with you to discuss the process and how we can help. With the guidance of an experienced estate planning lawyer in Knoxville, TN, you can navigate this important responsibility with clarity and peace of mind.
Special Needs Planning
At David A. Montgomery Law, when working with families that include someone with special needs, our number one goal is to maximize the person's quality of life while protecting their assets. Achieving this goal requires detailed knowledge of both state and federal government benefit programs for persons with disabilities, Tennessee's laws on trusts and estates, and state and county requirements for conservatorships and guardianships. The attorneys at David A. Montgomery Law have worked hard to obtain this knowledge and continue to work hard to keep up with the constant changes in these laws and requirements.
Planning Options for Families with Special Needs
In planning for a family member with special needs, there are many different options to consider, including:
Special needs trusts (first-party and third-party)
ABLE accounts
Powers of attorney (financial and health care)
Conservatorships of adults
Guardianships of minors
Estate planning through wills and revocable living trusts
What Our Clients Say
Hear from clients who trusted us with their conservatorship needs
"Mr. Montgomery was very professional and thorough. We solicited his help with obtaining conservatorship of our special-needs son. He helped us through every step of the process, told exactly what we needed, and got the court date within the week of our son's 18th birthday. A very professional and thorough lawyer. Very glad we hired him."
Protect Your Loved Ones with Proper Legal Planning
If you need assistance with conservatorships, guardianships, or special needs planning, David A. Montgomery Law is here to help. Contact us today to discuss your situation.