Murfreesboro, TN asked in Family Law, Civil Rights, Elder Law and Health Care Law for Tennessee

Q: Elderly couple - woman need conservatorship of spouse or guardianship?

Man has Alzheimer and Parkinson and is unable to care for himself. He is in long term care and wants to check out against medical advice. His wife is unable to care for him. What are her options to make sure he stays and receives the care he needs?

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: Someone ( most likely the spouse) should file to have him declared incompetent and a conservator appointed for him. SHE ( the wife) does not have to be the conservator, although as spouse she has the right to serve if she wants to. If she can't handle the chore, HE still needs a conservator, and in some jurisdictions, there is a "public guardian" ( kind of like a public defender) who can be appointed to act for those people who don't any kin willing to serve.

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