Wednesday, March 9, 2011

Court Reviews Whether Daughter or a Neutral Third Party is the Appropriate Person to Serve as a Conservator

IN RE CONSERVATORSHIP OF KARUBAH CARNAHAN (Tenn. Ct. App. March 9, 2011)

In this conservatorship case, a daughter filed a petition asking the court to appoint her as the conservator of her father, who had experienced cognitive decline after a stroke and required full-time care in an inpatient facility. The father's spouse protested the appointment of the daughter as the conservator and requested that a neutral third party be appointed instead. After a hearing, the trial court determined that the daughter was the appropriate person to serve as conservator, and specifically enumerated the power to file for divorce on behalf of the ward to the conservator. The spouse appeals. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/carnahank_030911.pdf
(Note: Original opinion withdrawn and replaced with this substitute opinion)

Order regarding new opinion
http://www.tba2.org/tba_files/TCA/2011/carnahan_ORDER_030911.pdf