Ending Conservatorship so a Parent Can Regain Custody

**731critter** · 03-04-2012, 09:16 PM

My question involves conservatorship in the State of: TN.
Try to make a long story short, My daughter had a traumatic brain injury due to a car wreck and was in hospital for a little of 3 months in bad shape. I (her mom) stayed with her 24/7. Meanwhile her father petitioned court where she lived at time for conservatorship over her and also for custody of her two babies.

Of course I knew nothing so could not fight against it. Anyways my powerful daughter pulled thru, shows no signs of brain injury decision making wise. She is however still in wheelchair but working on trying to walk. She wants to live with me but her father will not allow her to or tells her go ahead but babies stay here knowing she will not leave her babies. My BIG question behind this is..Can't my daughter ask the court herself for conservatorship to be cancelled. She thinks because she is in wheelchair the court will not give her her children back. But she has total support here with me as well. I am a CNA and can help with any or all care she needs as well as my employer willing to help with any equipment she may need for physical therapy to walk again.

Thanks, sorry for running on

**Mr. Knowitall** · 03-04-2012, 10:53 PM

If your daughter believes that she has recovered to the point that her children no longer need a third party to care for them, she can petition the court to terminate its order.

**731critter** · 03-05-2012, 04:57 AM

My question is how can she when her father is "responsible" or oversees all of her actions and money she recieved from her settlement. He will not allow her to do anything without him or his wife by her side because he knows she does not want to be there.

**Mr. Knowitall** · 03-05-2012, 10:26 AM

She can petition the court by doing exactly that: petitioning the court. If she needs money for paper and stamps, perhaps you can help her out. I am not sure how she has conveyed her wishes to you if she's truly never out of the oppressive sight of her father and his wife, but if her circumstances are that controlled you can explore the possibility of trying to intervene in the guardianship case on her behalf.

**Riply** · 03-05-2012, 11:27 AM

Being a Ward in a Conservatorship has nothing to do with physical disabilities, so the fact your daughter is in a wheelchair has no bearing. If she is now of sound mind, (the ONLY requirement) she can file a Petition with the Court to rescind the Conservatorship and restore her control over her own affairs.

The Court will schedule a hearing and all parties involved will have to appear. It would be wise to get some medical evidence that she is now capable of managing her own affairs.

If the Prison Warden (sorry, I mean her Dad) will allow her to move to your home, I'd suggest you explain to your daughter that it might be best to leave the "babies" behind temporarily, while she gets this matter before the Court. If the Court rescinds the Conservatorship, the Court will also reinstate her rights to custody of her children and order Dad to turn them over to her.