Estate Planning and Probate
Guardianship and Conservatorship in Memphis
A question about support for a child is different from a question about helping an adult make or carry out decisions. Before considering court involvement, identify the decisions at issue, what authority already exists, and the person’s preferences. Dale Law Group, PLLC offers guardianship and conservatorship services to clients across Tennessee; its office is in Murfreesboro, not Memphis.
Start with the person and the decisions involved
For a minor, the practical concern may be who will provide care or manage a particular responsibility if a parent cannot. For an adult, the question may be whether assistance is needed with financial decisions, healthcare choices, or both. Describe the specific decisions and support needs rather than treating “guardianship” as a single, all-purpose solution.
A court-appointed guardian or conservator is a different role from an agent named in a power of attorney. A trustee and a benefit fiduciary also have distinct roles. The right comparison depends on the person, the decisions involved, and the authority already in place; the labels are not interchangeable.
Compare existing authority with possible court involvement
Gather any power of attorney and healthcare documents before discussing whether another arrangement may be needed. A power of attorney authorizes an agent to act on someone’s behalf, but its scope, duration, and limits matter. Do not assume it covers every decision or that financial authority also provides healthcare authority.
For healthcare planning, a Tennessee advance directive can identify an agent or alternate and state healthcare preferences. Review those instructions alongside the person’s current wishes and any other relevant papers. Then ask which decisions remain unsupported, whether an existing document addresses them, and whether a narrower alternative could meet the need. This comparison helps frame the question; it does not predict what a court would decide.
Prepare a decision-and-documents summary
A useful starting point is a one-page summary with two columns: “decision or support needed” and “current authority or preference.” Add a third column for the unanswered question. This makes it easier to spot gaps without assuming that a court process is necessary.
Collect copies of powers of attorney, healthcare directives, court orders or other papers that may affect authority. Note who created each document, who is named, what decisions it addresses, and any stated limits or preferences. For an adult, include the person’s own views about assistance and who they trust. For a minor, note the child’s care needs and the adults who may be involved. Avoid sharing more private information than is needed for the discussion.
Questions to discuss and local information
Ask: What decisions need help now? What authority already exists, and what does it cover? Can the person express preferences or participate in those decisions? Could a limited arrangement address the concern, or is court involvement being considered? What records or further information would clarify the options?
For Shelby County, UT CTAS maintains separate contact listings for a Probate Court Clerk and a Clerk & Master. These offices should not be treated as interchangeable, and a directory listing alone does not establish the correct venue, filing, or whether a proceeding is needed. Confirm current contact and location details before relying on them.
Questions to bring to the discussion
Does a power of attorney automatically avoid a guardianship or conservatorship?
Not necessarily. A power of attorney’s scope, duration, and limits matter, and it may not address every decision. Review the actual document and the person’s needs before drawing conclusions about other options.
Is a financial agent the same as a healthcare agent or a conservator?
No. These roles can involve different authority. A financial power of attorney, a healthcare directive, a trustee, and a court-appointed guardian or conservator should be reviewed according to the decisions and documents involved.
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.