Guardian v. Conservator – What are the differences in Tennessee?

10 March 2010 Categories: All Blogs, Estate Planning, Family Law and Divorce

The term “Guardian” and “Conservator” are essentially the same role. They are both terms used for a court appointed person to look after the assets and/or property of another person. The main difference in Tennessee is that a guardian is appointed for a minor and a conservator is appointed for a disabled adult.

As defined by Tennessee State Law, a guardian “means a person or persons appointed by the court to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor.” TCA 34-1-101(10).

A conservator “means a person or persons appointed by the court to provide partial or full supervision, protection and assistance of the person or property, or both, of a disabled person.” TCA 34-1-101(4).

In Tennessee, you will often hear the term “Guardian ad litem.” A Guardian ad litem (GAL) is a person (usually an attorney) appointed by the court to look after the best interests of the person the guardianship or conservatorship is being created for. The GAL’s main goal is to ensure the appointed guardian or conservator is the correct person for the job.

If you have a situation in which you believe a guardian or conservator is needed you should contact a licensed Tennessee attorney today.

McNulty & Associates has experience in both guardianships and conservatorships and we offer free consultations. Call us at 615-829-8250 or email us at info@mcnultyassociatestn.com.

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