Guardianship in Tennessee is a court-ordered arrangement that gives one person legal authority to make decisions for someone who cannot make them alone. The state uses two separate labels: “guardianship” for minors and “conservatorship” for incapacitated adults. Both require a petition, a hearing, and a judicial order under Title 34 of the Tennessee Code, and both typically take several months and cost several thousand dollars once attorney fees, evaluations, and court costs are added up.
Guardianship for Minors vs. Conservatorship for Adults
Most states lump both situations under “guardianship.” Tennessee does not. Chapter 2 of Title 34 governs guardianship of minors, Chapter 3 governs conservatorship of adults with disabilities, and Chapter 1 contains provisions that apply to both. Filing the wrong type of petition wastes time and money, so the terminology matters from the start.
A guardian is appointed when a minor lacks a parent who can provide care. The guardian may have authority over the child’s person, property, or both. A conservator is appointed when an adult has a physical or mental condition that prevents them from managing personal affairs, finances, or medical decisions. The filing process, court oversight, and general duties overlap enough that the two tracks are best understood together.
When You Need to Go to Court
For a Child
A child typically needs a court-appointed guardian when both parents have died, are incarcerated, have had their parental rights terminated, or are otherwise unable to provide care. Judges weigh whether guardianship serves the child’s best interests, looking at stability, the prospective guardian’s ability to provide a safe home, and existing relationships. When more than one person seeks the role, courts tend to favor whoever has already been caring for the child.
Tennessee also lets parents delegate temporary authority through a power of attorney without going to court, which can cover short-term situations like military deployment or a specific medical treatment. For long-term care, a formal guardianship provides legal protections a power of attorney does not.
For an Adult
For adults, the threshold is a finding of disability based on clear and convincing evidence. A physician, psychologist, or senior psychological examiner must evaluate the person and submit a sworn examination report describing their cognitive or physical limitations.1Justia. Tennessee Code 34-3-105 – Examination, Physical or Mental That report is treated as presumptive evidence of disability unless someone challenges it at the hearing.
Tennessee law requires the court to impose the least restrictive arrangement that still protects the person.2Justia. Tennessee Code 34-1-127 – Least Restrictive Alternative to Be Imposed If a power of attorney or a supported decision-making agreement can meet the adult’s needs, the court should not grant a full conservatorship. A judge might grant authority over finances but leave medical decisions with the individual, or the reverse.
Filing the Petition
File in the chancery, circuit, or probate court in the county where the minor or proposed adult ward lives. For a minor, any person may petition, but in practice it is usually a relative, a family friend already caring for the child, or a state agency. The petition must describe the minor’s property, income sources, monthly expenses, and a proposed plan for managing the child’s assets.3Justia. Tennessee Code 34-2-104 – Petition for Appointment
An adult conservatorship petition has a longer checklist. It must include the names and addresses of the person’s spouse, children, parents, and siblings; a summary of facts supporting the need for a conservator; the name of the examining physician or psychologist; and a specific list of the rights the petitioner wants transferred to the conservator.4Official Code of Tennessee Annotated. Title 34 Guardianship Chapter 3 Conservatorship Generally That last item matters. A petitioner cannot ask for “full” conservatorship in vague terms. The petition has to spell out which rights to remove: medical decisions, financial control, voting, driving, and so on.
After filing, the court requires notice to all interested parties, including the person who is the subject of the petition and their closest relatives.5Justia. Tennessee Code 34-1-108 – Hearings on Petitions – Notice Service by mail works for relatives, but the respondent themselves must be personally served or served through a guardian ad litem. Missing someone on the notice list can delay the whole proceeding.
What Happens at the Hearing
The hearing must be held no fewer than seven and no more than sixty days after service on the respondent or appointment of the guardian ad litem, whichever comes later.5Justia. Tennessee Code 34-1-108 – Hearings on Petitions – Notice The petitioner presents evidence: the sworn medical report, testimony from caregivers, and often a report from the guardian ad litem. The legal standard is clear and convincing evidence, which is higher than the “more likely than not” standard used in most civil cases.
The proposed ward has the right to be present, to have an attorney, and to contest the petition. In adult conservatorship cases the court appoints a guardian ad litem, a licensed attorney who investigates independently and reports to the judge. The GAL functions as a lawyer for the respondent’s best interests, with full rights to file motions and cross-examine witnesses.6Tennessee Administrative Office of the Courts. Rule 40A – Appointment of Guardians Ad Litem in Custody Proceedings Their recommendation carries real weight.
If the court grants the petition, it issues letters of guardianship or conservatorship. These are the formal document giving the appointed person legal authority to act. In a conservatorship, the order must list every specific right being removed from the respondent and transferred to the conservator.7Justia. Tennessee Code 34-3-107 – Where Conservator Needed Rights not explicitly removed stay with the individual.
Emergency Appointments
When someone faces immediate danger, such as an elderly person being financially exploited or an incapacitated adult with no one authorized to consent to urgent medical treatment, waiting two months for a regular hearing is not realistic. Tennessee allows courts to appoint an emergency guardian or conservator on an expedited basis under TCA 34-1-132. In extreme circumstances the court can make the appointment without advance notice to the respondent, but only after finding on a sworn statement that waiting would cause significant harm. An emergency appointment is temporary, and a full hearing is scheduled promptly afterward.
What the Job Involves
Once appointed, a guardian or conservator takes on fiduciary obligations: they must put the protected person’s interests ahead of their own in every decision. The specific duties depend on what authority the court granted.
A guardian of a minor’s person handles the child’s day-to-day care, including housing, education, medical treatment, and general welfare. A guardian of a minor’s property manages the child’s finances, keeps records, and files annual accountings with the court.8Justia. Tennessee Code 34-1-131 – Examination of Annual Accounting – Report to Judge
A conservator’s duties track whatever powers the court order grants. Common ones include consenting to medical treatment, choosing where the person lives, managing bank accounts and paying bills, and making decisions about therapies and services. Tennessee law also contemplates that a conservator may be granted authority over end-of-life decisions, including whether to consent to a “do not resuscitate” order or the withdrawal of life-sustaining treatment.7Justia. Tennessee Code 34-3-107 – Where Conservator Needed Some courts require specific judicial approval before those decisions are made.
Any guardian or conservator handling money must keep the protected person’s funds completely separate from their own. The court clerk examines the annual accounting and reports findings to the judge.8Justia. Tennessee Code 34-1-131 – Examination of Annual Accounting – Report to Judge If the ward receives Social Security benefits, the guardian or conservator must also comply with federal Representative Payee rules, which require separate record-keeping and annual reports to the Social Security Administration.
Rights the Protected Adult Keeps
A conservatorship does not erase someone’s legal personhood. Any right the court order does not specifically remove stays with the individual.7Justia. Tennessee Code 34-3-107 – Where Conservator Needed That is the practical effect of the least-restrictive-alternative requirement.
Rights a court may remove, but does not remove automatically:
- The right to vote. It can only be taken away if the court specifically orders it.
- The right to receive visitors, phone calls, and personal mail, which remains unless the court finds restrictions are necessary.
- Medical decision-making. If the court leaves this with the individual, the conservator cannot override their choices.
- The right to marry, which is not automatically lost.
- The right to hold a Tennessee driver’s license. The court can remove it, but only explicitly.
The protected person, or anyone acting on their behalf, can petition the court at any time to modify or terminate the conservatorship.9Official Code of Tennessee Annotated. Title 34 Guardianship Chapter 3 Conservatorship Generally – Section: 34-3-106 Rights of Respondent The conservator’s permission is not required to go to court.
What It Costs
Total costs depend on complexity, but most families should plan for several distinct expenses.
- Court filing fees. These vary by county and typically run a few hundred dollars. A petitioner who cannot afford the fee can request a waiver by filing an Affidavit of Indigency.
- Attorney fees. Most guardianship attorneys bill by the hour. An uncontested conservatorship often runs in the low thousands of dollars; contested cases run considerably higher.
- Guardian ad litem fees. The court sets the amount, and the petitioner or the ward’s estate typically pays it.
- Medical evaluation. The sworn examination report for adult conservatorship involves a physician, psychologist, or senior psychological examiner, at their own rates.
- Bond. When the guardian or conservator will manage financial assets, the court may require a surety bond. The bond amount is generally tied to the value of the estate, and the annual premium is a percentage of that amount.
The court has authority to set both the guardian ad litem fee and the petitioner’s attorney fee.10Justia. Tennessee Code 34-1-114 – Charging of Costs In many cases these costs are paid from the ward’s own estate rather than out of the petitioner’s pocket, though the judge decides.
Ending or Changing the Arrangement
Guardianship of a minor ends automatically when the child turns eighteen, marries, or is otherwise emancipated. No court petition is needed.
Adult conservatorships have no automatic expiration. If the person’s condition improves, they can petition for restoration of their rights. The court may require a new medical examination before ruling.9Official Code of Tennessee Annotated. Title 34 Guardianship Chapter 3 Conservatorship Generally – Section: 34-3-106 Rights of Respondent If the evaluation supports restored capacity, the court can return some or all rights to the individual.
When a guardian or conservator dies, becomes incapacitated, or needs to be removed for misconduct or neglect, the court appoints a successor. The replacement follows the same procedural safeguards as the original appointment: notice to interested parties, a hearing, and a judicial order.
Moving to or from Another State
Tennessee adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act in 2010, codified at TCA 34-8-101 and following. The UAGPPJA sets up a two-state procedure: the sending state’s court confirms the transfer, and the receiving state’s court accepts it. Both courts must agree, and the receiving state applies its own laws going forward. This avoids starting a brand-new proceeding from scratch in the destination state.
Ongoing Court Oversight
Appointment is not the end of court involvement. Guardians and conservators must file annual reports covering the protected person’s condition, living situation, and any significant changes. Those handling finances also submit a yearly accounting of income, expenditures, and asset changes. The court clerk reviews the accounting and reports to the judge.8Justia. Tennessee Code 34-1-131 – Examination of Annual Accounting – Report to Judge
Late filings, unexplained spending, commingling of the ward’s funds with the guardian’s personal accounts, and missing income sources trigger closer scrutiny. Family members or social service agencies can report suspected misconduct at any time, and the court can respond with additional oversight, a full audit, or removal of the guardian or conservator. The annual reporting requirement is the main mechanism for catching problems before they become serious.