Tennessee Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Tennessee court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on Tennessee Code Annotated, Title 34 (Guardianship) - ch. 1 (Guardianships and Conservatorships Generally), ch. 2 (Guardianship of Minors), ch. 3 (Conservatorship)

By Settled Estate EditorialPublished: June 28, 2026Updated: June 14, 2026

What guardianship and conservatorship mean here

Guardianship is a court process in which a judge gives one person legal authority to make decisions for an adult who can no longer make them safely. Tennessee guardianship is governed by Tennessee Code Annotated, Title 34 (Guardianship) - ch. 1 (Guardianships and Conservatorships Generally), ch. 2 (Guardianship of Minors), ch. 3 (Conservatorship).

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Conservator of a Person with a Disability

A person, persons, or entity appointed by the court to exercise the decision-making rights and duties of an adult (18 or older) found by clear and convincing evidence to be fully or partially disabled and in need of assistance. The court order enumerates the specific powers removed from the respondent and vested in the conservator; the respondent retains and exercises every power not specifically removed (§ 34-3-107). One person may serve as conservator of the person, the property, or both.

T.C.A. 34-1-101, 34-3-101, 34-3-107, 34-1-126

Co-Conservator

Two or more persons appointed to serve jointly as conservator. Co-conservators share the powers, rights, and duties enumerated in the court's order of appointment.

T.C.A. 34-1-101, 34-3-107

Limited (Partial) Conservatorship or Guardianship

Because the court has an affirmative duty to impose the least restrictive alternative (§ 34-1-127) and may find the respondent only 'partially' disabled (§ 34-1-126), the court routinely tailors a limited appointment, removing only specific decision-making rights and leaving the person with a disability to exercise all powers not specifically removed (§ 34-3-107).

T.C.A. 34-1-126, 34-1-127, 34-3-107

More guardianship types5 additional arrangements courts use in specific situations, with statute cites

Guardian of a Minor (Person and/or Property)

A person or persons appointed by the court to provide partial or full supervision, protection, and assistance of the person or property, or both, of a minor (a person under 18 who is not emancipated). An action for a guardian of the person only may be brought in juvenile court; an action for a guardian of the person and/or property may be brought in a court exercising probate jurisdiction or other court of record (§ 34-2-101).

T.C.A. 34-1-101, 34-2-101, 34-2-105

Standby Fiduciary (Standby Guardian or Standby Conservator)

A fiduciary the court may appoint - at the request of the petitioner, the fiduciary, or on the court's own motion - to take the place of the fiduciary on a temporary or, if necessary, permanent basis, with the same powers, rights, and obligations. Under § 34-1-119(c), even when there is no current need, a custodial parent may petition under chapter 2 for a standby guardian for a minor, and any adult may petition for the adult under chapter 3 for a standby fiduciary. A standby and the regular fiduciary can never be empowered to act simultaneously.

T.C.A. 34-1-119

Emergency Guardian or Conservator

Appointed on petition by a person interested in the respondent's welfare when compliance with the ordinary procedures of Title 34 will likely result in substantial harm to the respondent's health, safety, or welfare and no agent or other authorized person is willing and able to act in the respondent's best interest. The emergency fiduciary's authority may not exceed 60 days and is limited to the powers specified in the order; an attorney ad litem is appointed immediately.

T.C.A. 34-1-132

Expedited Limited Healthcare Fiduciary

A narrow fiduciary the court may appoint for a hospitalized respondent when no agent or other authorized person is willing and able to act, for the limited purpose of consenting to discharge, transfer, or admission to another healthcare facility and any financial or medical arrangements necessary to effect it. Authority may not exceed 60 days; an attorney ad litem is appointed immediately.

T.C.A. 34-1-133

District Public Guardian (Public Conservator)

A district public guardian serves as conservator for disabled persons 60 years of age or older who have no family member or other person, bank, or corporation willing and able to serve as conservator. The district public guardian has no power beyond that of a conservator under chapters 1, 2, and 3 and is included in the statutory priority list for conservator appointments.

T.C.A. 34-7-104, 34-3-103

The Tennessee guardianship court process

1File Sworn PetitionA conservatorship petition is filed in a court exercising probate jurisdiction or other court of record in the county of residence of the alleged person with a disability (§ 34-3-101); a minor guardianship petition is filed in juvenile court (guardian of the person only) or a probate/court of record (person and/or property) in the county of venue (§ 34-2-101).

A conservatorship petition is filed in a court exercising probate jurisdiction or other court of record in the county of residence of the alleged person with a disability (§ 34-3-101); a minor guardianship petition is filed in juvenile court (guardian of the person only) or a probate/court of record (person and/or property) in the county of venue (§ 34-2-101). The sworn petition must contain the contents required by § 34-3-104 (conservator) or § 34-2-104 (minor), including the nature of the alleged disability, the proposed fiduciary, and the closest relatives. A conservator petition for an adult may be filed by a person interested in the respondent's welfare; a minor guardianship petition may be filed by any person having knowledge of the circumstances (§ 34-2-102).

2Appointment of Guardian ad LitemExcept where waived, the court appoints a guardian ad litem (who must be a licensed Tennessee attorney) on the filing of the petition.

Except where waived, the court appoints a guardian ad litem (who must be a licensed Tennessee attorney) on the filing of the petition. The guardian ad litem investigates the facts, verifies service, consults with the respondent, reviews the respondent's medical and financial circumstances, and reports recommendations to the court at least three days before the hearing. The court may waive the guardian ad litem where the respondent is represented by counsel or in the respondent's best interest (§ 34-1-107).

3Medical / Psychological Examination (Conservatorship)In a conservatorship, a sworn report of a physical, psychological, or other examination of the respondent by 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 for the court (§ 34-3-105).

In a conservatorship, a sworn report of a physical, psychological, or other examination of the respondent by 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 for the court (§ 34-3-105).

4Notice and Rights of the RespondentNotice of the hearing is served on the respondent and any person or institution having care or custody of the respondent (§ 34-1-106, 34-1-108).

Notice of the hearing is served on the respondent and any person or institution having care or custody of the respondent (§ 34-1-106, 34-1-108). The respondent has the right to a hearing on the issue of disability on demand, to present evidence and cross-examine witnesses, to attend any hearing, to have an attorney ad litem appointed, and to appeal the final decision (§ 34-3-106).

5HearingThe hearing is held 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 (or scheduled sooner in a life-threatening situation).

The hearing is held 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 (or scheduled sooner in a life-threatening situation). The court must find by clear and convincing evidence that the respondent is fully or partially disabled and in need of assistance before a fiduciary may be appointed (§ 34-1-108, 34-1-126).

6Order of Appointment; Least Restrictive AlternativeIf the standard is met, the court enters an order naming the fiduciary (and, in its discretion, a standby) and enumerating the specific powers removed from the respondent and vested in the conservator; the respondent retains and exercises all powers not specifically removed.

If the standard is met, the court enters an order naming the fiduciary (and, in its discretion, a standby) and enumerating the specific powers removed from the respondent and vested in the conservator; the respondent retains and exercises all powers not specifically removed. The court has an affirmative duty to impose the least restrictive alternative consistent with adequate protection (§ 34-1-127, 34-3-107, 34-2-105).

7Bond, Property Management Plan, and LettersUnless bond is waived as 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 (§ 34-1-105).

Unless bond is waived as 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 (§ 34-1-105). If the fiduciary will manage property, a property management plan is presented at the hearing or before any property is invested (§ 34-1-115). The fiduciary's appointment becomes effective and letters of guardianship or conservatorship issue (§ 34-1-109, 34-1-104).

How long it takes

Emergency guardian or conservator: authority may not exceed 60 days (§ 34-1-132); the expedited limited healthcare fiduciary is likewise capped at 60 days (§ 34-1-133). Standard appointment: the hearing must be held within 7 to 60 days of service on the respondent or appointment of the guardian ad litem (§ 34-1-108), so an uncontested matter commonly resolves within roughly one to three months. Reporting obligations continue for the life of the appointment: the first sworn accounting is due within 30 days after the 6-month anniversary of appointment, then sworn accountings are filed annually (§ 34-1-111).

Alternatives to consider before guardianship

Durable Power of Attorney

Allows a competent adult to name an attorney-in-fact for financial and property decisions. Under Tennessee's Uniform Durable Power of Attorney Act, a power of attorney is durable (survives the principal's disability or incapacity) only if the writing contains the statutory durability language (e.g., 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal') or words showing that intent. A durable POA can avoid the need for a conservatorship over financial affairs.

T.C.A. 34-6-102 (Uniform Durable Power of Attorney Act, Title 34, ch. 6, part 1)

Durable Power of Attorney for Health Care / Advance Directive

Allows an adult or emancipated minor to appoint a health care agent and state treatment wishes, avoiding the need for a conservator of the person for medical decisions. An advance directive for health care must be in writing, signed by the principal, and either notarized or witnessed by two competent adults (the agent may not be a witness, and at least one witness must not be related to or an heir of the principal). The agent's authority generally becomes effective on a determination that the principal lacks capacity.

T.C.A. 68-11-1803 (Tennessee Health Care Decisions Act, Title 68, ch. 11, part 18); Durable Powers of Attorney for Health Care Act, T.C.A. Title 34, ch. 6, part 2

Living Will

A declaration directing the withholding or withdrawal of medical care that would only prolong the dying process, executed under the Tennessee Right to Natural Death Act. It addresses end-of-life decisions without a court-appointed fiduciary.

T.C.A. Title 32, ch. 11 (Tennessee Right to Natural Death Act)

Supported Decision-Making and Least Restrictive Alternatives

Before appointing a fiduciary, the court has an affirmative duty to ascertain and impose the least restrictive alternative consistent with adequate protection, and may make only a partial appointment, leaving the person with a disability to exercise all powers not specifically removed.

T.C.A. 34-1-127, 34-3-107

Representative Payee

Appointed by the Social Security Administration to manage Social Security and certain federal benefits only. Limited in scope to those federal benefits.

42 U.S.C. 405(j)

Trust

Assets placed in a trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated, avoiding a conservatorship over those assets. Governed by the Tennessee Uniform Trust Code.

Tennessee Uniform Trust Code, T.C.A. Title 35, ch. 15

Planning ahead: naming a guardian in advance

Naming a guardian in advance: Tennessee has no single statute by which a competent adult formally pre-appoints a future conservator in advance of any proceeding, but two mechanisms function as pre-need designations. First, under § 34-3-103(1) the court must give FIRST priority for appointment as conservator to 'the person or persons designated in a writing signed by the alleged person with a disability,' so a competent adult can nominate a future conservator in a signed writing. Second, under § 34-1-119(c) any adult may petition the court for appointment of a standby fiduciary for the adult even though there is no current need. A parent may designate a guardian for a minor child 'in a will or other written document' (second priority under § 34-2-103(2)) and may petition for a standby guardian for the minor under § 34-1-119(c). The practical advance-planning tools that avoid a conservatorship entirely are the durable power of attorney (§ 34-6-102) for finances and the advance directive for health care (§ 68-11-1803) for medical decisions.

Guardianship costs

Court filing fee: About $250 to $400 depending on the county.
Court appointed attorney or guardian ad litem: $400 to $2,000, usually paid from the estate or by the petitioner
Medical or capacity evaluation: $300 to $2,000
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if contested
Bond premium: Set by the court when a bond is required, roughly 0.5% of the bonded estate value per year
Annual reporting: Little to none if you file yourself; $500 to $2,500 per year if you hire help

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Tennessee?

Guardianship in Tennessee is a court process under Tennessee Code Annotated, Title 34 (Guardianship) - ch. 1 (Guardianships and Conservatorships Generally), ch. 2 (Guardianship of Minors), ch. 3 (Conservatorship) in which a court appoints a person to make personal, medical, or financial decisions for someone the court has found can no longer make them safely.

What are the alternatives to guardianship in Tennessee?

Less restrictive alternatives in Tennessee include Durable Power of Attorney, Durable Power of Attorney for Health Care / Advance Directive, Living Will, Supported Decision-Making and Least Restrictive Alternatives. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Tennessee guardianship process take?

Do I need a lawyer to file for guardianship in Tennessee?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Tennessee courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Statutes and sourcesOfficial references used for this page

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Information current as of June 14, 2026

Settled Estate is not a law firm, and 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.