As loved ones age or face serious health challenges, families may find themselves in difficult situations. When an elderly or incapacitated adult can no longer manage their own personal or financial affairs, the court may step in and appoint a legal guardian. In Tennessee, guardianship is a powerful but sensitive legal process, designed to protect vulnerable adults while ensuring their dignity and best interests are preserved.
What Is Adult Guardianship?
Adult guardianship is a court-ordered relationship where one person (the guardian) is given the legal authority to make decisions for another person (the ward). These decisions may involve medical treatment, living arrangements, and the management of finances. Unlike powers of attorney, which are granted voluntarily, guardianship is imposed by the court when an individual is found incapable of making informed decisions.
When Is Guardianship Necessary?
Guardianship may become necessary when:
- An elderly adult suffers from dementia, Alzheimer’s, or other cognitive decline.
- A person is incapacitated due to injury, illness, or disability.
- No power of attorney or advance directive was created before incapacity.
- The adult is at risk of neglect, exploitation, or financial abuse.
In these cases, guardianship provides a framework for protecting the adult’s safety and financial security.
The Guardianship Process in Tennessee
To establish guardianship, a petition must be filed in court. The process typically involves:
- Medical evaluations to prove incapacity.
- Court hearings where evidence and testimony are presented.
- The judge’s determination of whether guardianship is necessary and, if so, what powers the guardian should have.
Guardianships can be broad, covering nearly all decisions, or limited to specific areas like finances or healthcare. Courts strive to grant only as much authority as needed to protect the individual while preserving as much independence as possible.
The Role of the Guardian
A guardian has a fiduciary duty to act in the best interests of the ward. This includes:
- Making responsible decisions about healthcare and housing.
- Managing financial accounts, property, and income.
- Filing periodic reports with the court to show how decisions are being made.
Failure to act responsibly can result in removal and even legal consequences.
How Champagne Law Firm Can Help
At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we guide families through the complexities of adult guardianship. We help petition the court, represent guardians, and resolve disputes among family members. For those planning ahead, we also draft powers of attorney and advance directives to reduce the need for guardianship in the future.
Taking the Next Step
If you are concerned about an elderly or incapacitated adult in your family, guardianship may be a necessarystep to ensure their care and protection. With the right legal support, you can balance compassion with responsibility while preserving your loved one’s dignity.
Call Champagne Law Firm at 865-228-8080 or contact us online to schedule a consultation about guardianship for elderly or incapacitated adults in Tennessee.
