Tennessee bill calls for required conservatorship training| Opinion

To prevent future abuse of the elderly and people with disabilities state-wide, professionals including the OCM and the Conservatorship Association of Tennessee are pushing for the inclusion of mandatory training in the conservatorship process.

 

Amy Bryant

by Amy Bryant

Would you hire a financial planner with zero experience or education? Probably not. However, it is estimated that hundreds of millions of dollars and thousands of individuals are under the care of conservators throughout Tennessee who are not required by the state to complete any form of training.

Conservators need to be trained before being entrusted with the lives and finances of some of the state’s most vulnerable individuals. There is a need for change and change is on the horizon. 

Recently brought into the spotlight by the movement to free Britney Spears, a conservatorship is the appointment of a protector by a judge to manage a disabled individuals finances and/or daily life but is defined differently throughout the country. In Tennessee, the terms used to describe a person who has been appointed by the Court to have authority for an adult person deemed to have a disability is called “conservator of the person,” “conservator of the property (or estate)” or “conservator of the person and property.” 

Conservatorship in Tennessee

 

In Tennessee, the term “guardianship” is used to describe persons under the age of 18. To establish a conservatorship in Tennessee, you must prove the individual is disabled by presenting clear and convincing evidence including a sworn statement from a medical professional.

An individual with a disability for purposes of a conservatorship is one for whom autonomy has become either partially or totally impaired. While most conservatorships operate in good faith, there continues to be abuse of the system.

In 2013, the conviction of former attorney John Clemmons sparked change in Davidson County and lead to the creation of the Davidson County Office of Conservatorship Management (OCM). Clemmons, a Nashville attorney, was disbarred and sentenced to 18 years after stealing $1.3 million from three conservatorship clients.

The OCM now provides an extra layer of protection in Davidson County, but the other 94 counties in Tennessee remain unprotected. Current Tennessee law requires mandatory annual reporting from conservators and annual accounting— with additional requirements based on a case by case basis. This is overseen by the Probate Court.

In Davidson County, the OCM provides a second layer of oversight and protection of adults under conservatorships by completing welfare visits and financial reviews.

Improving the conservatorship process

The OCM offers free training on their website. The training includes informative videos accompanied with quizzes on different subject matters including what is expected of conservators in Tennessee. For more information please visit https://officeofconservatorshipmanagement.nashville.gov/ to take advantage of these resources.

To prevent future abuse of the elderly and people with disabilities state-wide, professionals including the OCM and the Conservatorship Association of Tennessee are pushing for the inclusion of mandatory training in the conservatorship process.

Tennessee SB 2095 and HB 2286 are bills in this 2022 legislative session that as introduced, authorizes a court or clerk to waive an in-person fiduciary oath if certain conditions are met; requires appointed conservators to complete court-approved training; requires that certain documents be signed and notarized. 

This requirement will help provide competent conservators who are capable to perform the necessary duties to protect the interests of the disabled adult. Training will be free and accessible via internet access.

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Tennessee bill calls for required conservatorship training| Opinion