Can a conservatorship be terminated or modified in Tennessee?

A conservatorship can be terminated or modified in Tennessee for several different reasons.  T.C.A. § 34-3-108(a) provides as follows:

(a) A conservator appointed under this chapter may be discharged or have its duties modified if the court determines that the respondent is no longer a disabled person, or that it is in the best interests of the disabled person that the conservatorship be terminated, or that the conservator has failed to perform its duties and obligations in accordance with the law, or that the conservator has failed to act in the disabled person's best interest so as to warrant modification or termination. The disabled person or any interested person on the disabled person's behalf may petition the court at any time for a termination or modification order under this section.

As a result, a conservatorship can be “discharged or have its duties modified” under the following circumstances (a list is always easier to read then a long paragraph):

1) If the respondent is no longer a “disabled person” under the statute.

2) If it is in the best interest of the disabled person. 

3) If the conservator fails to perform their duties and obligations as required under Tennessee law.

4) If the conservator has failed to act in the disabled person’s best interests. 

The statute provides that a disabled person or any other interested person, on the disabled person’s behalf, can petition the court for termination or modification or a conservatorship.  The disabled person can make this petition to the court by any means including oral communication or informal letter.  If this occurs then the court is required to conduct a hearing as required under T.C.A. § 34-3-108(c) which provides as follows:

(c) The court, upon receipt of the petition filed under this section, shall conduct a hearing. At the hearing, the disabled person has all the rights set out in § 34-3-106.

It is important to have a Tennessee conservatorship attorney if you are trying to modify or terminate a conservatorship in Tennessee.  This statute provides the basis to pursue this relief from the court.