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Tennessee Guardianship and Conservatorship Planning
Support GuideTennessee16 min read

Tennessee Guardianship and Conservatorship Planning

How Tennessee conservatorship and guardianship work, plus the durable POA and advance directive that often let you skip a court case under Title 34.

By Settled Editorial

The best Tennessee conservatorship and guardianship plan is usually the one that makes a court case unnecessary. While you have capacity, you can sign a durable power of attorney for your money and property and an advance directive for your health care, and those two documents let a person you chose act for you without a judge ever getting involved. If no one holds that authority and you can no longer make decisions, a family member or agency may have to ask a court to appoint a fiduciary. This page explains both paths. (See Tennessee Code Annotated, Title 34.)

Use this guide as a plain-language map, not as legal advice or a fill-in form. The right plan depends on your health, your family, and your assets. A Tennessee attorney can build a plan around your situation, and this page is here to help you ask better questions.

One point sets the boundary for this whole site: conservatorship and guardianship deal with a living person who cannot manage on their own. They are not probate. When a person dies, the fiduciary's authority ends, and a separate process begins before the chancery court or a county probate court. For that side, read the Tennessee probate guide.

Conservator and Guardian Mean Two Different Things in Tennessee

Tennessee uses two words that other states often blur together, so the labels matter. A conservator is the fiduciary for an adult found to be a "person with a disability," meaning an adult 18 or older who cannot make or communicate decisions and needs help. A guardian is the fiduciary for a minor, a person under 18 who is not emancipated. Chapter 1 of Title 34 holds the rules common to both, chapter 2 covers minors, and chapter 3 covers adults. (Source: T.C.A. 34-1-101 and T.C.A. 34-3-101.)

Here is a short way to keep them straight:

  • A conservator of a person with a disability acts for an adult. The court order lists the exact powers it takes from the person and hands to the conservator, and the person keeps and exercises every power the order does not specifically remove. One person can serve as conservator of the person, of the property, or of both. (Source: T.C.A. 34-3-107.)
  • A guardian of a minor provides supervision, protection, and assistance for the person, the property, or both, of a child under 18. (Source: T.C.A. 34-2-101.)

One petition can ask the court for control of the person, the property, or both. The court decides what the protected person actually needs.

Plan Ahead So a Court Is Not Needed

Here is the part many people get wrong. Tennessee has no single statute that lets a healthy adult formally pre-appoint a future conservator the way you might expect. What Tennessee does give you is two documents that keep a conservatorship from being needed at all, and you sign them while you still have capacity:

  • A durable power of attorney for finances and property. Under Tennessee's Uniform Durable Power of Attorney Act, a power of attorney survives your later disability only if the writing contains the statutory durability language, such as words showing the authority is not affected by your later disability or incapacity. A durable POA lets your agent manage your money if you cannot, which can remove the need for a conservatorship over your finances. Read the Tennessee power of attorney guide. (Source: T.C.A. 34-6-102.)
  • An advance directive for health care. An adult can name a health care agent and state treatment wishes in a writing that is signed and either notarized or witnessed by two competent adults. That document can remove the need for a conservator of the person for medical decisions. Read the Tennessee advance directive guide. (Source: T.C.A. 68-11-1803.)

Two other tools function as advance designations even though they are not the documents above. First, when a conservatorship case does start, the court must give first priority for appointment to "the person or persons designated in a writing signed by the alleged person with a disability." So a competent adult can name a future conservator in a signed writing, and the court has to consider that person first. (Source: T.C.A. 34-3-103.) Second, any adult may petition the court to appoint a standby fiduciary for that adult even when there is no current need, so a successor is ready to step in. (Source: T.C.A. 34-1-119.)

A trust can also keep assets out of a conservatorship, because a successor trustee can manage trust property if you become incapacitated without a court file. The trust is governed by the Tennessee Uniform Trust Code. (Source: T.C.A. Title 35, Chapter 15.)

How Adult Conservatorship Works in Tennessee

If no advance plan is in place and an adult can no longer make or communicate decisions, a person interested in that adult's welfare may petition the court to appoint a conservator. The case is built to protect the respondent, so it moves through several steps. (Source: T.C.A. 34-3-101 and T.C.A. 34-3-104.)

  1. A sworn petition is filed. A conservatorship petition goes to a court exercising probate jurisdiction or another court of record in the county where the alleged person with a disability lives. The petition states the nature of the alleged disability, the proposed conservator, and the closest relatives. (Source: T.C.A. 34-3-101 (venue) and T.C.A. 34-3-104 (petition contents).)
  2. A guardian ad litem is appointed. Unless waived, the court appoints a guardian ad litem on the filing of the petition, and that person must be a licensed Tennessee attorney. The guardian ad litem verifies service, consults with the respondent, reviews the medical and financial facts, and reports recommendations to the court at least three days before the hearing. (Source: T.C.A. 34-1-107.)
  3. A medical or psychological examination is filed. A sworn report from a physician, psychologist, or senior psychological examiner must be submitted. If the respondent has not been examined within 90 days of filing, the court orders an examination and the examiner files a sworn written report. (Source: T.C.A. 34-3-105.)
  4. The respondent gets notice and rights. The respondent is served and has the right to a hearing on demand, to present evidence, to confront witnesses, to attend any hearing, to have an attorney ad litem appointed, and to appeal. (Source: T.C.A. 34-3-106.)
  5. A hearing is held. The hearing happens not less than 7 nor more than 60 days from the date of service on the respondent or the date the guardian ad litem was appointed, whichever is later, unless extended for good cause. The court must find by clear and convincing evidence that the respondent is fully or partially disabled and in need of assistance before it can appoint a conservator. (Source: T.C.A. 34-1-108 and T.C.A. 34-1-126.)
  6. The court enters the least restrictive order. If the standard is met, the court names the conservator and lists the specific powers removed from the respondent. The court has an affirmative duty to impose the least restrictive alternative consistent with adequate protection, so it may make only a partial appointment and leave the person to exercise every power the order does not remove. (Source: T.C.A. 34-1-127 and T.C.A. 34-3-107.)

Two protections deserve a closer look. The clear and convincing evidence standard sits above the ordinary civil standard, because a conservatorship removes rights. And the least restrictive rule means the court should not strip away more authority than the person's situation requires, and often should look first to a durable POA and an advance directive.

Emergency and Limited Healthcare Appointments

Some situations cannot wait for the full case. When complying with the ordinary Title 34 procedures will likely cause substantial harm to the respondent's health, safety, or welfare, and no agent or other authorized person is willing and able to act, the court may appoint an emergency guardian or conservator. That emergency authority may not exceed 60 days and is limited to the powers the order names, and the court immediately appoints an attorney ad litem to represent the respondent. (Source: T.C.A. 34-1-132.)

Tennessee also allows a narrow expedited limited healthcare fiduciary for a hospitalized respondent when no agent is willing and able to act. This fiduciary exists only to consent to a discharge, transfer, or admission to another facility and the arrangements needed to carry it out, and its authority is also capped at 60 days. (Source: T.C.A. 34-1-133.)

Naming a Guardian for a Minor Child

The rules shift for children. A parent can designate a guardian for a minor child in a will or other written document. When the court considers who should serve, it follows a priority list, and a parent's written designation sits in second place, right after the parents themselves. The full order runs: the parents, then the person the parents designated in a will or other written document, then adult siblings, then the closest relatives, then any other suitable person. (Source: T.C.A. 34-2-103.)

A written designation is not the final word, because the court still appoints based on the child's best interests. A petition for a guardian of a minor may be filed by any person with knowledge of the circumstances. An action for a guardian of the person only can go to juvenile court, while an action for a guardian of the person and/or property goes to a court with probate jurisdiction or another court of record. If the court appoints a guardian of the minor's property, it sets bond unless waived and approves a property management plan. (Source: T.C.A. 34-2-101, T.C.A. 34-2-102, and T.C.A. 34-2-105.)

A minor's guardianship usually ends when the child turns 18. An interested person may petition, within 90 days before the 18th birthday, to continue it, but never beyond the person's 25th birthday. (Source: T.C.A. 34-2-106.) Naming your choice in a current will gives the court your clear preference, so keep your will up to date. Read the Tennessee probate guide for how a will moves through the courts.

Ongoing Duties After Appointment

A Tennessee conservatorship or guardianship is not a one-time event. The fiduciary carries continuing duties and reporting for the life of the appointment.

  • Inventory and accountings. The fiduciary files an inventory of the protected person's property, then files a sworn accounting within 30 days after the 6-month anniversary of appointment, and sworn accountings annually after that. (Source: T.C.A. 34-1-110 and T.C.A. 34-1-111.)
  • Property management. A fiduciary managing money must follow a court-approved property management plan and invest funds as Title 34 permits. (Source: T.C.A. 34-1-115.)
  • Bond. Unless the court finds bond unjust or inappropriate, the fiduciary gives bond equal to the fair market value of all personal property plus one year of anticipated income, renewed annually. (Source: T.C.A. 34-1-105.)
  • Stay within the order. The conservator exercises only the powers the order actually removed from the respondent, and leaves the person to exercise every power the order did not remove. (Source: T.C.A. 34-3-107.)

When no family member or other person, bank, or corporation is willing and able to serve as conservator for a disabled person who is 60 or older, a district public guardian can serve. (Source: T.C.A. 34-7-104.) The yearly reporting is one reason a durable POA and an advance directive are easier when they fit, since they do the same protective work without a court file, a guardian ad litem, or annual accountings.

Planning vs Court Process

These two paths solve the same problem in very different ways.

Advance planningCourt conservatorship / guardianship
When you set it upWhile you have capacityAfter capacity is lost, by petition
Who actsThe agent you namedA fiduciary the court appoints
Source of authorityYour signed POA and advance directiveA court order under Title 34
Court involvementNone to set upPetition, guardian ad litem, exam, hearing
Ongoing reportingNone requiredInventory and annual sworn accountings
Standard to startYour own informed choiceClear and convincing evidence of disability

The takeaway: a durable POA and an advance directive let you pick the people and skip the courtroom. A conservatorship is the backup for when no plan exists.

A Simple Planning Sequence

Use this order as a checklist, then confirm the details with a Tennessee attorney:

  1. Sign a durable power of attorney for finances and property, with the durability language, and name a successor agent.
  2. Sign an advance directive naming a health care agent and stating your wishes.
  3. Consider naming a future conservator in a signed writing, which the court must consider first if a case ever starts.
  4. If you have minor children, name a guardian for them in your will or another written document.
  5. Consider a trust if you want a successor trustee to manage assets without a court.
  6. Tell the people you named, give them copies, and review the plan after any major change in health, family, or assets.

For the documents that pair with this plan, keep these nearby:

This guide is general information about Tennessee conservatorship and guardianship. It is not legal advice. Confirm anything that affects your situation with the clerk of the court that handles these cases in your county or a licensed Tennessee attorney.

Sources

It is not legal advice.

Information current as of June 14, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Tennessee can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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