John Crow 
It started with a phone call from Lisa, a lifelong Springfield resident. Her brother, David, had stopped taking his medication for schizophrenia. In a matter of days, he began wandering the streets, talking to himself, and leaving the stove on at all hours. His landlord was threatening eviction, and the family feared for his safety. When Lisa tried to intervene, David became agitated and refused help.
At that moment, Lisa needed to act fast. Waiting weeks for a regular court process was not an option. What she needed was an emergency conservatorship.
Why Emergency Conservatorships Exist
An emergency conservatorship gives someone immediate legal authority to protect a person who is at risk of substantial harm to themselves or others because of mental illness, dementia, psychosis, or other severe behavioral issues. It allows a trusted family member or friend (called the Conservator) to step in and make critical decisions about the individual’s health, safety, and welfare when time is of the essence.
This process is most often used for individuals experiencing acute psychiatric crises, schizophrenia, psychosis, or advanced dementia. In these situations, the person cannot safely care for themselves or understand the need for intervention.
The Legal Basis
Under Tennessee law, a court can appoint an emergency conservator if following the normal procedures would likely cause substantial harm to the respondent’s health, safety, or welfare, and if no other person (such as a healthcare agent under a power of attorney) is both authorized and acting in their best interest.
If those conditions are met, the court may appoint an emergency conservator whose authority lasts no longer than sixty days and is limited to what the court specifies in its order.
Filing the Petition for Emergency Conservatorship
An emergency conservatorship can be filed ex parte, meaning without advance notice to the other party. This is allowed when there is sworn evidence that the person will suffer substantial harm before a hearing can be held.
In Springfield and Robertson County Chancery, the process generally involves:
- Filing a sworn petition describing the person’s condition and why immediate action is necessary.
- Including supporting facts or documentation such as police reports or medical statements.
- Requesting the court to appoint both an attorney ad litem for the respondent and an emergency conservator.
Upon receipt, the judge reviews the petition and determines whether the circumstances justify an emergency appointment. If so, the court issues an order granting temporary authority to the conservator.
Notice and Hearing Requirements for an Emergency Conservatorship
Tennessee law imposes strict timelines to protect the respondent’s rights:
- If granted ex parte, the respondent must receive notice of the appointment within forty-eight hours.
- A hearing must be held within five days of the appointment.
- The court must appoint an attorney ad litem to represent the respondent immediately, and typically a guardian ad litem (GAL) is also appointed to investigate and report to the court.
- At the five-day hearing, the court evaluates whether the emergency conservatorship remains appropriate and whether a longer-term conservatorship is necessary.
The statute makes clear that these time limits are mandatory, not optional. If these deadlines are missed, the emergency appointment is automatically void.
What Happens After the Hearing
If the court upholds the emergency conservatorship, the conservator continues to act under the judge’s supervision for up to sixty days. During this period, most families move to establish a permanent conservatorship if the individual’s condition is unlikely to improve quickly.
From Emergency to Permanent Conservatorship
A permanent conservatorship is a formal court order granting a person ongoing authority to make financial, medical, and personal decisions for someone who is incapacitated. This process requires:
- A Physician’s Statement of Disability confirming the person lacks capacity.
- A petition identifying family members and the need for the conservatorship.
- Filing of a bond, an inventory of the respondent’s assets, and a property management plan if the conservator will handle finances.
- Periodic accountings to the court showing how assets are being used.
These safeguards ensure that the conservator remains accountable and that the respondent’s rights are respected.
Understanding the Safeguards
Tennessee’s conservatorship laws balance urgency with protection. The attorney ad litem and guardian ad litem act as checks on the process, making sure the respondent is heard and their situation is fairly represented. The court retains authority to remove an emergency conservator at any time and to require reports on their actions.
Importantly, the statute clarifies that appointment of an emergency conservator does not determine incapacity. It is a temporary measure to prevent harm, not a final declaration of incompetence.
The Real-World Impact of Emergency Conservatorships
For families in Springfield, Greenbrier, and Cross Plains, emergency conservatorships can mean the difference between crisis and safety. They allow someone to step in immediately to authorize medical treatment, secure living arrangements, or stop financial exploitation when no one else legally can.
In Lisa’s case, the court granted an emergency conservatorship the same day she filed. Within forty-eight hours, David was in a hospital receiving treatment. A week later, at the five-day hearing, the court upheld the order and allowed Lisa to move forward with a permanent conservatorship to ensure David’s ongoing care.
Emergency Conservatorship Attorneys in Springfield, Tennessee
Crow Estate Planning & Probate, PLC helps families navigate conservatorships, guardianships, and estate matters across Middle Tennessee. Our attorneys understand the urgency and sensitivity involved in emergency filings and work quickly to protect vulnerable loved ones.
We offer telephone and video consultations for convenience and represent clients throughout Robertson County and surrounding areas. Our team’s experience in both emergency and permanent conservatorships ensures that every case receives thoughtful, compassionate, and effective representation. If you believe your loved one needs a conservatorship, contact our offices today to schedule a free consultation.
About the Author
John Crow is the founder, owner, and principal attorney of Crow Estate Planning and Probate, PLC. With over a decade of legal experience in the areas of estate planning, probate, conservatorships, guardianships, and business planning, he serves clients in the greater Middle Tennessee and Western Kentucky regions. He obtained his Bachelor of Arts degree in History from Vanderbilt University, then later received his Juris Doctorate from the Cumberland School of Law at Samford University. He is a lifelong Clarksville resident and is honored to have helped so many families over the years. Learn More.
Licensed in Tennessee and Kentucky