Understanding the Difference Between Conservatorship and Power of Attorney in Tennessee

If you’re planning for a loved one’s future or your own, it’s important to understand the difference

between Conservatorship and Power of Attorney in Tennessee. These two legal tools may seem similar at first glance, but they serve very different purposes and are used in very different situations.

Both are used to help manage someone’s affairs when they are unable to do so themselves. However, how they are established, what authority they grant, and when they go into effect are all areas where the differences matter. Knowing the difference between Conservatorship and Power of Attorney can make the planning process smoother and help avoid stress down the road.

What Is the Difference Between Conservatorship and Power of Attorney?

The biggest difference between Conservatorship and Power of Attorney is whether the person needing help has the ability to participate in the decision. A Power of Attorney is created by an individual while they are still of sound mind. It allows them to choose a person that they trust to act on their behalf for legal, financial, or healthcare matters. That person, known as the agent, can step in as needed, often without court involvement.

Conservatorship, on the other hand, is a legal process that happens when someone is already unable to make or communicate decisions. In these cases, the court steps in to appoint a conservator to manage the individual’s affairs. Unlike a Power of Attorney, the person needing help does not get to decide who will take control. The court makes that choice, and there is a public process involved.

An Example of Power of Attorney in Action

Imagine an elderly woman named Lois who still lives independently and has no health issues. She meets with an attorney and signs a Power of Attorney naming her daughter as her agent. When her condition worsens a year later, her daughter is legally allowed to manage her bills, speak to her doctors, and handle her financial matters without having to go through court.

This example shows how a Power of Attorney can be an effective way to prepare in advance. It allows the individual to stay in control of who makes decisions on their behalf and avoids unnecessary delays if help becomes necessary.

An Example of Conservatorship in Action

Now, consider a man named John who never put any legal documents in place. After a stroke, he can no longer communicate clearly or understand his surroundings. His son wants to help, but since John never signed a Power of Attorney, he has to petition the court to become his conservator. This process takes time, may involve medical evaluations, and requires approval from a judge.

In this case, the difference is more than just paperwork, it is also costly. Conservatorship can cost much more than Power of Attorney documents because of attorney fees and the court costs involved.

Why Planning Ahead Matters

By understanding the difference between Conservatorship and Power of Attorney, families can make thoughtful decisions while there’s still time to do so. A Power of Attorney is a private, flexible tool that reflects your choices. Conservatorship is often a last resort when no plan has been made.

Planning early helps maintain dignity and respect for the person receiving help. It also makes it easier for loved ones to carry out their responsibilities with less confusion and fewer delays.

How Johnson McGinnis Elder Care Law & Estate Planning Can Help

At Johnson McGinnis Elder Care Law & Estate Planning, we help families prepare for the future with compassion and clarity. If you’re looking to put a Power of Attorney in place, we take the time to understand your goals and help you protect your family’s well-being and financial security.

Don’t wait until a medical emergency forces your hand. By planning today, you can make sure your wishes are honored and your loved ones are protected. Contact us to schedule a consultation, and let's talk about how we can help you put the right plan in place.