Visitation Rights With Conservator

Summary

Learn about visitation rights with a conservator and the legal options available to challenge the conservatorship or request visitation rights in tennessee. Contact pro bono legal services and the tennessee alliance for legal services for assistance. Obtain a written statement from the court clerk confirming there are no restrictions on your visitation rights. Communicate with the hospital social worker and provide them with the court statement to clarify the visitation policy. Advocate for your visitation rights and seek legal advice if necessary.

Full Conversation

My sibling recently got conservator over our elderly parent who is now in hospital. My parent wants me to continue seeing her esp while in hospital because I stayed with her 3 days. Sibling is now not allowing my parent and I to talk or visit.
What state are you located in, ****? The rules for conservatorship and visitation rights vary by state.
Tennessee
What is the reason your sibling is not allowing you to visit or talk to your parent?

In Tennessee, a conservator doesn't have absolute power to restrict visitation without a valid reason.
She says I have a criminal background and she has already received letter stating and showing I do not have criminal background.
Have you considered filing a petition in court to challenge the conservatorship or request visitation rights?

- In Tennessee, you can petition the court for visitation rights.
- Contact details for Tennessee courts can be found at www.tncourts.gov.
Yes but it will costs thousands of dollars and we have already been in and out court over a year. Sibling has made false accusations and gotten order of protection and judge threw it out.
Have you considered seeking legal aid services in Tennessee to help with the costs? They often provide free or low-cost legal assistance.
I was not aware of free legal assistant
There are several organizations in Tennessee that provide free or low-cost legal assistance. You can contact Legal Aid Society of Middle Tennessee at (*) *-*.
Okay, thank you so much. So are there any other options available to keep from another court situation?
Have you tried mediation or a family meeting to resolve the issue? It's often a less confrontational and cheaper alternative to court.
I've asked about mediation for family but haven't gotten any positive feedback from people when I ask
What are the main concerns or objections people have raised about mediation in your situation?
They don't seem to think mediator will help but I do
Why do they believe a mediator won't be helpful in your situation?
Because of sibling having vindictive ways and making false accusations against me
Have you collected any evidence to disprove these false accusations? It could be helpful in both mediation and court proceedings.
Yes and judge threw out the order of protection sibling got for me not to go around my elderly parent
That's a positive step. Have you considered using this evidence to file a complaint against your sibling for false accusations?
If you're referring to defamation, I only find information searched of it being very difficult to prove.
What specific difficulties are you encountering in proving defamation? In general, defamation requires proving that a false statement was made, it was communicated to others, and it caused harm.
Sibling has text me other day still saying I have criminal background after receiving letter and proof I do not. Proof has been shown by my parent's doctor that our parent's pain medication count was always correct and drug screens no problem for last * more years I had POA over medical. Siblings recently accused me of getting parent's * tablets of antibiotic and I had not even been to parent's house since she'd received it. Sibling called law and wanted me to leave but they didn't do that even with sibling showing them conservator papers. My parent wants to see me. We've always been very close.
What actions have you taken so far to address these false accusations?
An attorney sent sibling letter and proof I did not have criminal background and other sibling gave sibling accusing my letter from our parent's doctor stating no reason for anyone to think medication has been taken.
What was the response of your sibling after receiving the letter from the attorney and your other sibling?
Nothing. I'm now not allowed again for a second time to see or talk toy parent
Have you considered reporting this to Adult Protective Services in Tennessee? They may be able to intervene if they believe your parent's rights are being violated.
I have. And our parent has open case with APS for neglect because I was approached by hospital staff last week stating my sibling conservator refused to do what doctor instructed and to take parent home for week until 5 days protocol before able to go to other hospital floor.
What was the outcome of the APS investigation into the neglect case?
I have not heard anything back from them since they called me end of last week
What was the specific instruction given by the doctor that your sibling refused to follow?
Doctor told her to take our parent back home with the sitters for the week until 5 days due to positive covid test then bring parent back to the other floor to get her medicines straightened out.
What actions did your sibling take after the doctor's instructions?
Sibling said no and left parent in emergency room
What was the hospital's response when your sibling left your parent in the emergency room?
The staff approached me about their concern with sibling conservator and not following doctor instructions and said our parent did not want my sibling over her money and wanted to see me.
What actions did the hospital staff take after your sibling left your parent in the emergency room?
A call to APS was reported for neglect anonymous caller per APS person and then I also called too. APS said that's not neglect because parent was left with doctors.
What was the reason given by APS for not considering this as neglect?
Because parent was left with doctors which is very upsetting to me. That's why I stayed every day with parent in the emergency room up until Thursday last week then sibling got mad and I'm not allowed to see or talk to parent.
What steps have you taken since APS declined to consider this as neglect?
Spoke with lawyer again. That's when I found out it will costs thousands of dollars to file.
Have you considered reaching out to organizations that provide pro bono legal services? They might be able to assist you without the high costs.
I was not aware of pro bono services. Lawyer did not mention.
There are several organizations in Tennessee that provide pro bono legal services. You can contact the Tennessee Alliance for Legal Services at (*) *-* for assistance.
Sorry I cut off other page. In Tennessee does the conservator sibling over our parent not have to have court order of specific person not allowed to talk to or visit and show why no visit?
What is the current status of the conservatorship and has there been any court order issued regarding visitation rights?
Status is sibling has conservatorship over our parent if that's what you're asking. The papers just have the generic conservator info that sibling has say so of who our parent talks to and visits etc.
Has there been any specific incident or reason given for limiting your visitation or communication with your parent?
No other than sibling texts saying I'm not in charge and stop telling what to do. I only text sibling last week after being approached by hospital staff ER staff that sibling did not follow doctor instructions and left parent in ER. Sibling apparently got upset when I text saying doctor said parent can go home for the week then come back to other floor. Sibling then told hospital not allow me or my parent to see or talk
Has the hospital provided any written documentation about your sibling's instructions to them regarding your visitation rights?
Only verbal I believe is what staff told me over phone.
Did you request a written confirmation from the hospital regarding your sibling's instructions about your visitation rights?
No
Have you considered seeking legal advice to challenge the conservatorship or to clarify your visitation rights?
Again, yes and I'll try the pro bono
What is the name of the county in Tennessee where the conservatorship was established? This will help me provide you with the contact details of the nearest court.
Warren county Tennessee
What is the name of your parent's primary care physician?
Dr. Linda Foster
What is the nature of your relationship with your sibling? This information can help in understanding the dynamics of the situation.
I do not go around or communicate with sibling except my texts last week when I was told info by hospital staff.
What actions have you taken so far to challenge the conservatorship or clarify your visitation rights?
The same as I have already provided.
Have you contacted the Warren County Court in Tennessee to inquire about your rights as a family member under the conservatorship?
No but I will
That's a good step. The Warren County Court can provide you with information about your rights. Their contact number is (*) *-*.
I can
What specific legal advice are you seeking regarding your situation?
Ok thank you. Were you going to provide me with pro bono contact numbers?
Sure, here are some pro bono legal services in Tennessee:

*. Legal Aid Society of Middle Tennessee: (*) *-*
*. West Tennessee Legal Services: (*) *-*
*. Legal Aid of East Tennessee: (*) *-*

Please contact them for assistance.
Thank you so much. I really appreciate your help!
You're welcome, ****! If you have any more questions or need further assistance, feel free to ask. Good luck with everything!
I called number you gave me to our court and it's not in service
I apologize for the inconvenience. The correct number for the Warren County Court in Tennessee is (*) *-*.
Ok thank you.
What is the nature of the conservatorship? Is it temporary or permanent?
I contacted court and the clerk who sat in on the conservator hearing said she remembers my parents attorney stating to judge that my parent did not want to be restricted from me and judge did do any orders to restrict my parent from visiting or talking to anyone. And court currently has no order for my parent to be restricted from visits or communicating with anyone. So what can I do with this information to keep from going back to court?
Have you considered obtaining a written statement from the court clerk about the judge's decision? This could serve as evidence if your sibling continues to restrict your access.
No, can I do that?
Yes, you can request a written statement or a copy of the court transcript. This can serve as evidence if your sibling continues to restrict your access.
Ok, who do I show it to once I have copy in hand?
You can show the copy to your sibling, the hospital staff, or any other party involved. It can also be used as evidence if you decide to take legal action.
Ok, an attorney asked if sibling has filed anything and I idea not received anything fun that sort.
Have you checked with the court if your sibling has filed any new documents regarding the conservatorship?
She has not. Court said no orders or anything are on file about my parent being restricted from anyone.
What is your next step now that you know there are no court orders restricting you from visiting your parent?
I want to visit my parent in the hospital again and of course when she gets back home. But the hospital said the conservator has the say so.
Have you informed the hospital about the court's statement that there are no restrictions on your visitation rights?
I told the hospital there are no restrictions or orders stating such but they said conservator makes all decisions on the ward my parent.
Have you considered providing the hospital with a copy of the court statement confirming there are no restrictions on your visitation rights?
No but I can. I will need to go and try to get a copy or something from the court.
What is the name of the hospital where your parent is currently admitted? This will help me provide you with their contact details.
Woodbury Stones River on the geriatric psych floor in Woodbury, Tennessee.
What is the hospital's policy on visitation rights in the geriatric psych ward?
They told me the conservator has right to not allow my parent visits etc.
What is the name of the person in charge of visitation rights at the hospital? This information will help you address your concerns directly to them.
When I asked they said their social worker
What is the name of the social worker at the hospital?
I do not know.
Could you please ask the hospital for the name and contact details of the social worker? This person could help clarify the visitation policy in light of your court statement.
Yes I can
What is the name and contact details of the social worker at the hospital?
Her name is Kathy and phone number is *
Great, you can contact Kathy at *-*-* to discuss your situation and provide her with the court statement confirming there are no restrictions on your visitation rights.
Will I first need to go to the court and try and get a copy of something
Yes, you should obtain a written statement or a copy of the court transcript confirming there are no restrictions on your visitation rights. This can serve as evidence.
The court transcript does not state my parent has restrictions and that is why hospital said conservator has say so
The court transcript does not state my parent has restrictions and that is why hospital said conservator has say so
What was the question.
Can you clarify if the court transcript explicitly states that there are no restrictions on your visitation rights?
The court clerk states there are no orders saying restrictions for my parent to visit or talk with me.
What is the name of the court clerk who confirmed this information to you?
Mira
Her name is Mirah
Myra is her name.
The court clerk name is Myra
Sorry that is how to spell the court clerk's name. It is Myra
What is the contact information for Myra, the court clerk?
The phone you gave me
What is the specific issue you're facing with the phone number I provided?
No issue. You asked court clerk contact
Can you notify hospital social worker with information
I'm sorry, but as a legal information service, we can't directly contact third parties. However, you can share the court's information with the hospital social worker yourself.
Ok I will. Thank you.
What is the name of the hospital where your parent is currently admitted?
The same hospital information I gave you earlier
What is the current status of your visitation rights at the hospital?
The conservator will not let me visit my parent in the hospital in Tennessee.
My parent's conservator will not allow hospital staff to let me visit my parent.
I don't understand what you're asking
What steps have you taken to address the issue with the hospital denying your visitation rights?
I've told the hospital supervisor that I do not have any court orders and my mother does not have any court orders restricting her from visiting with anyone or me
Thank you
I appreciate your help
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