disAbility – September 2024

Posted on by Pathfinder
Light blue background image with white clouds at the top of the image on each side. Cartoon graphics of abrown boy wearing a brown shirt and brown paints is pointing up. On his right is a brunette boy wearing a black tank top sitting in a wheelchair holding a basketball. The boy has no legs. On the right of the boy in the wheelchair is a light brown skinned girl with brown hear wearing a tan top and brown pants and sunglasses holding a cane. A small graphic of the disability symbol is centered at the top of the image and text below says, "disAbility EMBRACING & EMPHASIZING OUR ABILITIES."

Disability does not define a person’s intelligence or their cognitive abilities. In fact, it doesn’t define a person at all.  Disability is a diagnosis, not a characteristic. It is essential to understand that individuals living with disabilities have diverse strengths and talents. Seeing the ability in disability makes all the difference in the world. In this section, we will celebrate the strengths, talents, and accomplishments of the disAbility community. 

Your Rights in a Tennessee Conservatorship

Persons with intellectual or developmental disabilities have the same legal rights as anyone else in Tennessee. However, that can change when a person becomes the subject of a conservatorship. There are specific rights that may be removed during a conservatorship process.

A conservatorship is a legal arrangement that gives someone the power to manage another person’s finances and personal affairs. A conservator is established when a disabled adult – most commonly an elderly person is no longer able to make decisions for themselves. When aging adults live with a diagnosis of Dementia or Alzheimer’s, primary examples of why an an aging adult cannot make a decision on their own. In these instances, aging adults, may be appointed a court-order conservative, especially when a power-of-attorney has not been assigned. When a person becomes subject to a conservatorship, certain rights may be removed in the state of Tennessee.

Rights Removed in a Conservatorship

  • the right to make decisions about mental or medical examinations or treatment;
  • the right to consent to hospitalization;
  • the right to consent or withhold consent to be placed in a residential setting, group home, or another similar facility;
  • the right to receive or release authorization to disclose confidential information;
  • the ability to apply for benefits available privately and publicly to persons with intellectual or developmental disabilities;
  • the ability to dispose of property according to his or her wishes;
  • the right to obtain or use a Tennessee driver’s license;
  • the right to execute legal instruments;
  • the right to engage in contractual relationships;
  • the right to make purchases or otherwise spend financial assets;
  • the ability to pay bills or otherwise conduct financial activities;
  • the right to engage in intimate relationships or make reproductive health decisions; or
  • the right to make end of life decisions, like consenting, withholding, or withdrawing consent to be resuscitated solely to sustain life or to be artificially provided with food, water, or other nourishment solely to sustain life.

The loss of rights can be traumatizing for a person, especially in cases where a judge limits the rights tof an individual. For example, a person may have the right to vote, but not ok to operate a vehicle. However, in most cases in the Tennessee court system, judges allow the individuals to retain as much control over his or her life as possible.

Regardless of how much control an individual retains in a conservatorship, they should always be treated with dignity and respect. Each person also has the right to equal treatment under the law, including the right to petition the court to modify or remove a conservatorship, or even prevent it’s establishment.

Although it seems that a significant amount of individual’s rights are lost with a conservatorship, some of these rights can be retained if the individual is competent to make decisions with respect to those aspects of his or her life.

If you have questions about conservatorships it is best to contact an experienced conservatorship attorney in Tennessee to assist you. Tennessee Center for Decision Making Support is a great resource to assist with conservatorship information and supports. We also found this  downloadable guide on Conservatorship and Alternatives to Conservatorship provided by The Arc of Tennessee.

Resources:

The Arc Tennessee “Guide to Conservatorship and Alternatives to Conservatorship.” 2017.

Tennessee Center for Decision Making Support

Conservatorship Association of Tennessee. 2024. https://catenn.org/