How Do I Prevent My Brother From Getting a Conservatorship Over My Father in Tennessee?
It is always advisable to get professional legal help in a contested conservatorship proceeding. You seem to have received notice and opportunity to object at a hearing. Testimony, bills for living and healthcare expenses, etc., may be presented.
The person who files a petition for conservatorship must include a list of the usual monthly expenses of the respondent and an explanation of how these expenditures were met prior to the filing of the petition.
If the brother is her conservator, it is possible for him to sell assets of hers, such as the house if she is the sole owner. We suggest you consult a local estate attorney who can review all the facts and documents involved.
Please see the following TN statutes:
34-1-108. Hearings on petitions — Notice.
(a) Except as provided in subsection (b), the hearing on a
petition shall be held not less than seven (7) nor more than
sixty (60) days from the date of service on the respondent or
the date the guardian ad litem was appointed, whichever is
later. The hearing date may be extended on motion showing good
(b) If the petition alleges the minor or disabled person is
faced with a life threatening situation, the court may schedule
the hearing in less than seven (7) days from the date of
service on the respondent; provided, that actual notice of the
hearing is given to the closest relative and the respondent.
(c) In a proceeding for the appointment of a conservator, a
notice of the hearing shall be served on the respondent. The
notice of hearing shall be substantially in the following form:
IN THE __________ COURT OF __________, TENNESSEE
IN THE MATTER OF
____________________ No. __________
NOTICE OF HEARING
SERVICE ADDRESS __________
You are notified that a petition has been filed, a copy of
which is attached, in which it is alleged that you are
incapable of caring for yourself or disabled from managing your
property, or both. The petition seeks the appointment of a
conservator for your person or property, or both. The court,
being satisfied that there is good cause for the exercise of
jurisdiction as to the matters alleged in the petition, has set
a hearing on __________ at __________ o'clock in the offices or
the courtroom of the Honorable __________, judge of this court.
The court has appointed a guardian ad litem to investigate
these matters and make a report to the court. The guardian ad
litem is charged with asserting your best interests and making
recommendations, consistent with law, as to what action should
be taken in your best interests. The name, address and
telephone number of the guardian ad litem is:
A list of your rights in connection with the above described
hearing is attached or printed on the reverse side of this
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the court at my office on __________.
Clerk and Master or Clerk
The notice shall contain on the reverse side or on an
attached sheet those rights set out in § 34-13-106.
34-3-103. Priority of persons to be considered for appointment.
Subject to the court's determination of what is in the best
interests of the disabled person, the court shall consider the
following persons in the order listed for appointment of the
(1) The person or persons designated in a writing signed by
the alleged disabled person;
(2) The spouse of the disabled person;
(3) Any child of the disabled person;
(4) Closest relative(s) of the disabled person; and
(5) Other person(s).
34-3-107. Where conservator needed — Court order.
If the court determines a conservator is needed, the court
shall enter an order which shall:
(1) Name the conservator or conservators and, in the court's
discretion, a standby conservator or conservators;
(2) Enumerate the powers removed from the respondent and
vested in the conservator. To the extent not specifically
removed, the respondent retains and shall exercise all powers
of a person who has not been found to be a disabled person;
(3) If the rights and powers transferred to the conservator
include management of the respondent's property, the order
(A) Set the amount of the conservator's bond unless waived
as authorized in § 34-11-105;
(B) Set the nature and frequency of each approved
expenditure and prohibit the conservator from making other
expenditures without court approval;
(C) Set forth the approved management of the disabled
person's property; and
(D) Prohibit the sale of any property except as permitted
by § 34-11-116(b) without prior court approval or as permitted
in the property management plan approved by such order; and
(4) State any other authority or direction as the court
determines is appropriate to properly care for the person or
property of the disabled person.
34-3-106. Rights of respondent.
The respondent has the right to:
(1) On demand by respondent or the guardian ad litem, a
hearing on the issue of disability;
(2) Present evidence and confront and cross-examine
(3) Appeal the final decision on the petition;
(4) Attend any hearing; and
(5) Have an attorney ad litem appointed to advocate the
interests of the respondent.