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Probate Law

Wills, Powers of Attorney and Conservatorships

Planning for your family affairs before transition can be extremely important in protecting your family members and preserving assets. This may include protections for your spouse, children or simply individuals you wish to obtain your property after your death. Proper planning includes consultation with a Memphis Attorney experienced in drafting Wills and Powers of Attorney. There is sometimes confusion between the terms, Power of Attorney and Conservatorship. Under Tennessee Law, Tennessee Code Annotated 34-3-102, in the event your loved one has become incapacitated, ill or simply unable to manage their own health, personal, or financial affairs, you can request that a court appoint a "conservator" to be approved by the court to protect that person and their property.  Under a conservatorship, all actions are controlled and must be approved by the court. Unlike conservatorships, powers of attorney under Tennessee Code Annotated 34-6-109 are created to give a relative, loved one, friend, client or even business partner authority to handle your affairs. Powers of Attorney are not created by the court, but rather the person seeking to have someone else conduct certain affairs for them. To learn about the details of Wills, Conservatorships and Powers of Attorneys, request a consultation today with our local Memphis Probate Attorneys who can help protect you and your loved ones well being and preserve the stability for you and your family during transitional times. 

Guardianships

There are times when you may need to request a court appoint a "guardianship" over a minor child. Under Tennessee Code Annotated 34-2-101, Tennessee laws allow guardianships to be appointed by juvenile courts and courts with probate jurisdiction. Depending on the reasons for the guardianship, such as a child obtaining insurance proceeds, personal injury settlements, or the child unexpectedly losing a parent or guardian, you will want to contact our Memphis Custody and Guardianship Attorneys who can guide you through the process and determine the most suitable and practical solution for you to protect that minor's needs. Please contact us for a consultation to discuss further how protect and preserve the minor's valuable rights as well as their future.