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Conservatorships for Disabled Young Adults

When a person age 18 or older is unable to make decisions about health care or finances, courts can appoint a family member or another person to oversee those decisions. This legal process is called a conservatorship. 

Conservatorship is covered by state law. Since St. Jude Children’s Research Hospital is in Tennessee, this page covers information about state law in Tennessee. Laws may differ in other states. 

Tennessee state law allows parents and legal guardians to make critical health and financial decisions for minors. But that protection ends at age 18. That means the parent or guardian can no longer legally consent to their young adult’s:

  • Medical exams
  • Care
  • Treatment 

In Tennessee, a person who cares about the young adult can ask for a conservatorship if the young adult needs help making important decisions.

How a conservator is chosen

Some patients may be able to select someone else to make decisions for them. But some patients have physical or mental disabilities that make them unable to understand information and make decisions about themselves or their property. 

The court may name a conservator to give consent for the young adult with disabilities. The court considers the patient’s best interests when they select a conservator.

The conservator can be:

  • An adult chosen by the patient
  • A spouse
  • An adult child or close relative of the patient
  • Another person whom the court approves

What a conservator does

Depending on the type of conservatorship and what the court’s order allows, the conservator can do the following on behalf of the patient:

  • Make health care decisions
  • Manage money and property
  • Make legal decisions
  • Make other decisions

How to get a conservatorship

The first step in getting a conservatorship is to file a petition with the court. A petition is a written request to the court. In Tennessee, a person who knows about the patient’s disability and wants to be the conservator can file this petition. This person is called the petitioner.

An attorney can prepare and file the documents for the petitioner. The petitioner must also submit a recent report about the patient from a doctor or psychologist. Sometimes a St. Jude doctor or psychologist can prepare the report. 

The court must decide whether a patient has a qualifying disability. To be disabled, patients must need to be:

  • Partially or fully supervised 
  • Protected from harm
  • Helped with self-care due to a mental or physical illness, injury, or other problem  

The court will only appoint a conservator if it finds clear and convincing evidence of a patient’s disability. Evidence of a disability must be shown through a medical or psychological report. This process might differ in other states.

The patient may keep certain rights if they are able to make some kinds of decisions for themselves. 

The patient or others may oppose the conservatorship if the patient or someone else:

  • Does not believe that appointing a conservator is the correct thing to do 
  • Does not agree that the person selected should be the conservator

If that happens, the patient may request a hearing, show evidence, or appeal the court’s decision. The court may appoint an attorney to represent the patient’s interests.

After considering the petition and any reply, as well as a hearing, the court may appoint a conservator for the patient. This may be a limited or full conservatorship. The type of conservatorship depends on the amount and type of power the judge gives the conservator.

Getting a conservatorship can be a costly and complex process. It can sometimes take several months to complete. If you want to try to get a conservatorship, St. Jude advises that you talk with an attorney or your St. Jude social worker.

How long a conservatorship lasts

Unless someone shows that the conservatorship should be changed or ended, it lasts for the patient’s entire life. If the conservator becomes unwilling or unable to do the job, the court can transfer the conservatorship to another person.

The court will end the conservatorship if:

  • The court decides that the patient no longer has a disability
  • The court decides that ending the conservatorship would be in the patient’s best interests 

Patients from other states or countries

If a patient from outside Tennessee is not already under a conservatorship, it may be possible to apply for one in Tennessee. 

In some cases, you may have to file the petition in another state where the patient has been living longer. An attorney can help decide the correct place to file a petition for conservatorship.

If a conservator has already been appointed for the patient in a different state, there are 2 ways for that conservator to be recognized in Tennessee:

  • The out-of-state conservatorship can be registered in a Tennessee court.
  • The out-of-state conservatorship can be transferred to a Tennessee court.

For more information

If you are a resident of Memphis or Shelby County, Tennessee, contact:

If you are a Tennessee resident, contact:

If you are not a Tennessee resident, contact:

You may also ask your social worker, who may be able to help you find legal services. Call 901-595-3670 to reach the St. Jude Social Work team.

Learn more