How do I petition for guardianship or conservatorship in Tennessee?
1. Terminology. Tennessee is distinctive: 'conservatorship' applies to adults (person and/or property) under Title 34, Ch. 3; 'guardianship' applies to minors under Title 34, Ch. 2.
2. Adult Conservatorship. Under Tenn. Code Ann. § 34-1-101(7), a 'disabled person' is an adult unable to manage property or care for themselves by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity. The court may appoint a conservator of the person, property, or both (§ 34-3-101).
3. Minor Guardianship. Under § 34-2-101, available when parents are deceased, rights terminated, or guardian designated by will.
4. Petition. File in the chancery, probate, or circuit court (depending on county) where the respondent resides. Personal service on the respondent and notice to spouse, adult children, parents, siblings, and others closely connected.
5. Court Investigator / GAL. A GAL must be appointed to represent the respondent (§ 34-1-107); the GAL conducts an investigation and reports to the court.
6. Capacity Evaluation. A sworn medical examination report by a licensed physician, psychologist, or senior psychological examiner is required (§ 34-3-105); clear and convincing evidence standard.
7. Hearing & Order. Respondent has rights to attend, counsel, cross-examine, and a jury trial. Court must impose the least restrictive alternative.
8. Powers & Duties. Bond may be required (§ 34-1-105); inventory within 60 days; annual accounting; court approval for sale of real property (§ 34-1-116) and major medical decisions.
9. Alternatives. Durable POA for health care (§ 34-6-201), durable POA for finances (§ 34-6-101), advance directive (§ 68-11-1801), and Tennessee's supported decision-making framework.
10. Termination. Termination on restored capacity (§ 34-3-108), death, or minor reaching 18.
11. UAGPPJA. Tennessee adopted UAGPPJA at Tenn. Code Ann. § 34-8-101 et seq.
This is legal information, not legal advice.
- Contested conservatorships where capacity or fiduciary selection is disputed
- Property of value triggering bond and detailed accounting obligations
- Restoration proceedings under § 34-3-108 to terminate conservatorship
- Tenn. Code Ann. Title 34
- Tenn. Code Ann. § 34-3-101
- Tenn. Code Ann. § 34-2-101
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.