A conservatorship in Tennessee is a court order that transfers specific decision-making powers from an adult who cannot manage their own affairs to a court-appointed conservator, who then operates under ongoing judicial supervision. The court must find, by clear and convincing evidence, that the person has a disability preventing responsible decisions, and the order can take away only those rights the evidence actually justifies removing. Everything else stays with the person under conservatorship.
Who Qualifies as a Person With a Disability
Tennessee law defines a “person with a disability” as any adult the court determines needs partial or full supervision, protection, or assistance because of mental illness, physical illness or injury, developmental disability, or another mental or physical incapacity.1Justia. Tennessee Code 34-1-101 – Chapter 1-3 Definitions A diagnosis alone will not carry a petition. The petitioner has to show the condition actually prevents the person from making or communicating responsible decisions, and that no less restrictive option can protect them.
Medical evidence does most of the heavy lifting. A sworn examination report from a licensed physician or, where appropriate, a psychologist must accompany the petition, and the report should describe specific functional limitations rather than reciting a diagnostic label. If the evidence is contested or incomplete, the court can order an independent evaluation.
One principle runs through every stage: the conservatorship should remove only the powers the person truly cannot exercise. Someone who can handle healthcare decisions but not finances should have a conservatorship limited to financial matters. This “least restrictive alternative” rule shapes the petition, the hearing, and every annual review that follows.
Try These Options Before Filing
Because a conservatorship strips away legal rights, Tennessee courts expect petitioners to have considered less intrusive alternatives first. If one of these can adequately protect the person, the judge may decline to appoint a conservator at all.
- A durable power of attorney lets the person name their own agent for financial or healthcare decisions while they still have capacity. It stays private, needs no court supervision, and costs almost nothing. The catch is timing. Once capacity is gone, it is too late to sign one.
- If Social Security is the main income, the Social Security Administration can appoint a representative payee to manage those benefits through its own application process.2Social Security Administration. Frequently Asked Questions for Representative Payees
- Supported decision-making arrangements let the person keep final authority while trusted supporters help them weigh choices. Tennessee has no formal statute on this, so banks and hospitals may give these arrangements less weight than a court order.
When none of these can protect the person, the conservatorship process begins.
Filing the Petition
The case starts with a sworn petition filed in the court exercising probate jurisdiction in the county where the person with the alleged disability lives.3Justia. Tennessee Code 34-3-101 – Action for Appointment of Conservator – Where Brought The petition has to cover a lot of ground. It identifies the respondent (full name, date of birth, address), describes the nature of the alleged disability with supporting facts, and lists the respondent’s spouse, adult children, parents, and siblings. It must also disclose information about the petitioner and the proposed conservator, including any criminal history, and show that the proposed conservator has been checked against Tennessee’s registry of people who have abused or neglected vulnerable adults and against the national sex offender registry.
Two parts matter especially for scope. The petition has to name the specific decision-making rights the petitioner wants transferred to the conservator. And if the conservator would manage property, the petition must list the respondent’s assets, their approximate fair market value, income sources, and known liabilities.4FindLaw. Tennessee Code Title 34 Guardianship 34-3-104 A sworn examination report from the respondent’s physician or psychologist must either accompany the petition or be identified as forthcoming.
Filing fees vary by county. In Tennessee’s larger counties, expect roughly $335 to $345.5Davidson County Circuit Court Clerk. Probate Court Filing Fees Effective January 1, 20266Shelby County Government. Shelby County Probate Court Filing Fees Effective January 1, 2026 Courts can waive the fee for petitioners who cannot afford it.
Notice and the Guardian Ad Litem
The respondent must be personally served with the petition and notice of the hearing. The petition must also go to the closest living relatives listed in the petition and to any person or facility with care and custody of the respondent. Proof of service has to be filed with the court before the hearing moves forward. Failing to serve someone who was entitled to notice can delay the case or sink the petition.
Within ten days of filing, the court appoints a guardian ad litem, who must be a Tennessee-licensed attorney unless none is available in that jurisdiction.7Justia. Tennessee Code 34-1-107 – Guardian Ad Litem This person is not the respondent’s lawyer. The guardian ad litem works for the court as an independent investigator, interviewing the respondent in person, explaining the proceedings in language the respondent can understand, reviewing the medical examination report, verifying that everyone entitled to notice received it, and filing a written report recommending whether to appoint a conservator and whether the proposed conservator is the right person.
The court can waive the guardian ad litem in narrow situations, including when the respondent is already represented by counsel or when an adult respondent petitions on their own behalf. In most contested cases, the guardian ad litem’s report heavily influences the outcome.
The Hearing
The judge reviews the petition, the sworn medical report, and the guardian ad litem’s recommendation before the hearing. If the respondent objects to the conservatorship, the court appoints an attorney ad litem to advocate for the respondent’s position. The distinction matters: the guardian ad litem reports to the court, while the attorney ad litem fights for what the respondent wants.
The petitioner’s burden is clear and convincing evidence, a higher standard than the preponderance-of-the-evidence test that governs most civil cases. The judge has to find both that the respondent has a disability and that the disability actually prevents responsible decisions in specific areas of life.
If the court grants the conservatorship, the written order must spell out exactly which decision-making powers transfer to the conservator. Any power not specifically listed stays with the respondent. The conservator’s authority never extends further than the four corners of that order.
When It Can’t Wait: Emergency Conservatorship
If following the regular process would likely cause substantial harm to the respondent’s health, safety, or welfare, and no one else (such as an agent under a healthcare power of attorney) can act, the court may appoint an emergency conservator.8Justia. Tennessee Code 34-1-132 – Appointment of Emergency Guardian or Conservator An emergency conservatorship lasts no more than 60 days and carries only the specific powers the court order grants.
The respondent usually gets reasonable notice before the emergency hearing. If even that delay would cause harm, the court can appoint the emergency conservator without prior notice, but then the respondent must be notified within 48 hours and a hearing has to be held within five days to evaluate the appointment. An attorney ad litem is appointed immediately. An emergency order does not establish long-term incapacity. To get a permanent conservatorship, the petitioner has to file a separate petition and go through the full process.
What the Conservator Can and Can’t Do
People often assume a conservatorship takes away everything. Tennessee law works the other way around. The respondent keeps every right the court does not specifically remove.
Rights the court can consider removing include the right to vote, dispose of property, sign contracts, make purchases, hold a driver’s license, and consent to or refuse medical treatment. Each right has to be individually justified by the evidence. A limited conservatorship might leave the person free to make medical decisions, choose where to live, and maintain relationships while the conservator handles investment accounts and pays bills.
A conservator of the person handles healthcare, living arrangements, and daily welfare, following the respondent’s known wishes where possible and otherwise acting in the respondent’s best interest. A conservator of the estate manages money, property, and financial obligations. Within 60 days of appointment, that conservator must file a sworn inventory of every asset and every source of income (including pensions and Social Security benefits) and a property management plan.9Justia. Tennessee Code 34-1-110 – Management of Property – Inventory – Filing – Failure to File or Appear – Revocation of Authority Major transactions, like selling real estate, need court approval before they happen. The conservator is a fiduciary; every decision has to put the respondent’s interests first.
Tennessee generally requires a conservator of the estate to post a fiduciary bond. The bond amount equals the fair market value of the respondent’s personal property plus one year of anticipated income, and it must be renewed annually. The court can waive the bond in limited situations, including when the respondent’s non-real-estate assets total less than $10,000 and the savings outweigh the risk, when the respondent’s own documents excuse it, or when assets sit with a financial institution that agrees not to release principal without court approval.
Costs and Ongoing Oversight
Conservatorships are not cheap, and the costs come out of the respondent’s own estate. The conservator can pay from the respondent’s property for medical examinations, guardian ad litem fees, bond premiums, court costs, attorney fees, income tax preparation, and investment management fees. Attorney and guardian ad litem fees need court approval before payment.
Beyond the filing fee, expect attorney fees that can run into the thousands even in uncontested cases and considerably more in contested ones, guardian ad litem fees billed against the estate, bond premiums that typically range from about 0.5% to several percent of the bond amount annually, and recurring costs for the annual accountings and court filings that continue for the life of the conservatorship. On a small estate, these costs eat into a meaningful share of what the respondent has, which is one more reason judges push hard on less restrictive alternatives.
Oversight does not end with appointment. A conservator of the estate must file annual accountings showing every dollar received, every dollar spent, and every change to the respondent’s assets. The clerk reviews these filings, and gaps or discrepancies can trigger further investigation. Failing to file the inventory or the annual accountings can cost the conservator their authority.9Justia. Tennessee Code 34-1-110 – Management of Property – Inventory – Filing – Failure to File or Appear – Revocation of Authority For a conservator of the person, the court may require periodic reports on the respondent’s well-being and living situation. Any interested party can petition the court if the conservator appears to be failing in their duties.
Federal Paperwork the Court Order Doesn’t Cover
A Tennessee court order appointing you as conservator does not automatically give you authority with federal agencies. Three separate steps often need to happen.
A conservator managing the respondent’s finances should file IRS Form 56, “Notice Concerning Fiduciary Relationship,” to put the IRS on notice of the fiduciary relationship.10Internal Revenue Service. About Form 56, Notice Concerning Fiduciary Relationship The IRS may ask for a copy of the court order. Once the relationship is established, the conservator can deal with the IRS on the respondent’s tax matters, including signing returns.11eCFR. 26 CFR 601.503 – Requirements of Power of Attorney, Signatures, Fiduciaries and Commissioners Authority to Substitute Other Requirements
If the respondent receives Social Security, the conservator has to apply separately to the Social Security Administration to serve as representative payee. The SSA runs its own application and makes its own decision about who should manage the benefits.2Social Security Administration. Frequently Asked Questions for Representative Payees
If the respondent receives VA benefits, the Department of Veterans Affairs runs a separate fiduciary program. The VA treats a court-appointed conservator as one candidate among several, conducts its own investigation (including a credit check and criminal background review), and withholds any lump-sum benefit payments until a fiduciary is appointed and, where required, bonded.12eCFR. 38 CFR 13.100 – Fiduciary Appointments
Modifying or Ending a Conservatorship
A conservatorship is not permanent by default. The respondent, the conservator, or any interested party can petition for modification or termination as circumstances change.
If the respondent’s condition improves, they can ask the court to restore their rights. Termination uses the lower preponderance-of-the-evidence standard rather than the clear and convincing standard needed to create the conservatorship in the first place. If the improvement is partial, the judge can restore some rights while keeping oversight in other areas.
Courts can also replace a conservator who is not performing. Grounds for removal include financial mismanagement, failure to file required accountings, and conduct that harms the respondent. Family members or other interested parties can file a motion for removal, and the court will decide whether to replace the conservator or adjust their powers.
A conservatorship ends automatically when the respondent dies. After any termination, the conservator must file a preliminary final accounting within 120 days covering all assets, receipts, and disbursements since the last accounting and specifying the final distribution that will close the matter out. If no objections are filed within 30 days after the clerk’s review, the conservator distributes the remaining assets under the respondent’s estate plan or Tennessee probate law.