Guardianship of a Child or Adult in Tennessee
How to become a guardian of a child or an adult in Tennessee: who can petition, the court process and alternatives.
Short answer: Any person who knows of circumstances requiring a guardian may file a sworn petition. A guardian of the person only may be sought in juvenile court; Tenn. Code Ann. §§ 34-2-101, 34-2-102, 34-2-103, 34-2-104
| Guardianship of a child | Any person who knows of circumstances requiring a guardian may file a sworn petition. A guardian of the person only may be sought in juvenile court; a guardian of the person and/or property may be sought in a court exercising probate jurisdiction or another court of record, in the county where the minor or the (custodial) parents live. Subject to the minor's best interests, the court considers, in order: the parents, a person named by the parents in a will or other writing, adult siblings, the closest relatives, and others. |
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| Guardianship of an adult | Tennessee calls an adult's guardian a conservator. Any person who knows the circumstances may petition in a court exercising probate jurisdiction (or another court of record) in the county where the person with a disability lives. The court must find by clear and convincing evidence that the person is fully or partially disabled and needs the court's assistance, and it has an affirmative duty to impose the least restrictive alternatives consistent with adequate protection. Subject to best interests, priority goes to a person the respondent designated in a signed writing, then the spouse, a child, the closest relatives, a district public guardian, and others. |
Where to get help in Tennessee
More Tennessee divorce & family law
- Getting a Marriage License in Tennessee
- Adopting a Child in Tennessee
- Establishing Paternity in Tennessee
- Changing Your Name in Tennessee
- Child Custody Laws in Tennessee
- How Child Support Is Calculated in Tennessee
- Divorce Records in Tennessee
- Alimony and Spousal Support in Tennessee
- How to File for Divorce in Tennessee
- Legal Separation and Annulment in Tennessee
- All Tennessee divorce & family law rules
FAQ
How do you get guardianship of a child in Tennessee?
Any person who knows of circumstances requiring a guardian may file a sworn petition. A guardian of the person only may be sought in juvenile court; a guardian of the person and/or property may be sought in a court exercising probate jurisdiction or another court of record, in the county where the minor or the (custodial) parents live. Subject to the minor's best interests, the court considers, in order: the parents, a person named by the parents in a will or other writing, adult siblings, the closest relatives, and others.
How do you get guardianship of an adult in Tennessee?
Tennessee calls an adult's guardian a conservator. Any person who knows the circumstances may petition in a court exercising probate jurisdiction (or another court of record) in the county where the person with a disability lives. The court must find by clear and convincing evidence that the person is fully or partially disabled and needs the court's assistance, and it has an affirmative duty to impose the least restrictive alternatives consistent with adequate protection. Subject to best interests, priority goes to a person the respondent designated in a signed writing, then the spouse, a child, the closest relatives, a district public guardian, and others.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.