Guardianship and Conservatorship · Collierville, Tennessee

Guardianship and Conservatorship in Collierville

A question about support for a child is different from a question about an adult’s ability to manage decisions. Start by identifying who needs help, what decisions are at issue, and what authority or preferences are already documented. Dale Law Group, PLLC offers guardianship and conservatorship services to people across Tennessee, including Collierville.

First identify the decision and the person who needs support

For a minor, clarify the support question and the child’s circumstances. For an adult, identify the specific decisions causing concern and what assistance may address them. Avoid treating these as the same planning problem: the relevant people, documents, and questions may differ.

A court-appointed guardian or conservator has a different role from an agent named in a power of attorney. A trustee and a benefit fiduciary are also distinct roles. The title of a document or appointment alone does not show what authority it provides.

    Compare existing authority with the help being considered

    Gather any power of attorney, healthcare directive, court papers, and relevant trust documents. For each, note who is named, what decisions it addresses, and any stated limits or duration. A power of attorney authorizes an agent to act for another person, but its scope matters; do not assume it grants every power or resolves every support concern.

    For healthcare questions, separate authority to make decisions from a person’s expressed preferences. Tennessee’s health directive form addresses an agent or alternate and healthcare preferences. Its instructions also address sharing copies. Keep those preferences and documents together for discussion, without assuming they answer financial or other questions.

    • Decision at issue: healthcare, financial, or another area of daily decision-making.
    • Current authority: document or court appointment, named person, scope, and limits.
    • Person’s preferences: what is known and where it is recorded.
    • Remaining concern: the particular decision or task that still lacks a clear path.

    Prepare a concise authority-and-preferences summary

    Before seeking advice, make a one-page summary organized by decision rather than by document date. List the person needing support, the decisions of concern, people currently involved, and documents that may address each decision. Attach copies of the documents and court papers; note if a document is missing or if its effect is unclear.

    This comparison can help identify whether the immediate question is how to understand existing authority, how to reflect healthcare preferences, or whether to explore a court appointment. It does not establish that a court proceeding is necessary or predict what a court would decide.

      Questions to take into a planning discussion

      Ask: What decisions need support now, and which can the person continue to make? Who is named in existing documents, and what is each person authorized to do? Are healthcare preferences documented separately from financial authority? What narrower alternatives should be considered before exploring a court appointment? What additional records or information would help evaluate the options?

      If court papers or filing questions arise, confirm current information with the appropriate office before acting. Shelby County has separate court-office contacts, including a Probate Court Clerk and a Clerk & Master; office listings do not determine the correct venue or whether a proceeding is required. The University of Tennessee County Technical Assistance Service lists the Clerk & Master contact at 140 Adams Avenue, Room 308, Memphis, TN 38103; confirm the location before visiting.

        Questions to bring to the discussion

        Does a power of attorney serve the same role as a conservator?

        No. They are different roles. A power of attorney authorizes an agent to act within the document’s scope; a conservator is a court-appointed decision-making role. Review the actual document or appointment rather than assuming the authorities are interchangeable.

        Should I bring healthcare preferences when discussing adult decision support?

        Yes, if available. Bring the advance healthcare directive and any related court or authority documents. Keep healthcare preferences distinct from financial authority, and note which questions remain unanswered.

        Discuss your next step with Dale Law Group

        Begin with a brief, non-confidential overview. The firm will discuss your needs and appointment arrangements.

        General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.