Tennessee Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   File a Petition for Appointment of Guardian in the court that matches what you are requesting: guardian of the person only may be filed in the juvenile court, while guardian of the property, alone or with the person, goes to a court exercising probate jurisdiction or any other court of record, in most counties the chancery court, with a dedicated probate court in Davidson, Shelby, and Knox counties. Tennessee has no statewide petition form.

2. 2

   This guardianship does not terminate a parent's parental rights and is not adoption. A guardianship of the person ends automatically when the minor turns 18, and a guardianship of the property also ends by default at 18, though an interested person may petition to continue it up to the ward's 25th birthday if that serves the ward's best interest.

3. 3

   An emergency guardian's authority may not exceed 60 days, under deadlines Tennessee Code Annotated section 34-1-132 calls mandatory, not directory, so missing them voids the appointment. If appointed without notice on a sworn showing of likely harm, the respondent must be notified within 48 hours and get a hearing on the appointment within 5 days.

4. 4

   The petition must name the minor's closest relatives and current custodian, who receive notice by certified mail from the court clerk, and a guardian ad litem, if appointed, serves the petition on the minor. The hearing is held not less than 7 nor more than 60 days from service or the guardian ad litem's appointment, whichever is later.

5. 5

   No statute sets an age at which a minor must consent to the appointment. A parent has first priority to serve as guardian, and if a parent is one of the petitioners, the court may waive appointment of a guardian ad litem, a waiver otherwise unavailable except for narrow exceptions.

6. 6

   A guardian ad litem is mandatory on every petition for a fiduciary unless the court waives it, which it may do only if the respondent already has an appearing lawyer, a parent is a petitioner, the petitioner is a minor who has attained 14, or the court finds waiver serves the minor's best interest. Tennessee's guardianship statutes in Title 34 set no background check, fingerprinting, or training course requirement for a lay guardian of a minor.

7. 7

   Bond is required by default only for a guardian who manages the minor's property, equal to the fair market value of the minor's personal property plus one year's anticipated income from all property, renewed annually, and waivable on the record for reasons such as the minor's non real estate property being worth $10,000 or less where the savings outweighs the risk of having no bond. A parent unable to care for a child short term can instead sign a Power of Attorney for Care of a Minor Child, which needs no court approval and has no statutory duration cap.

Tennessee Requirements for Guardianship of a Minor Petition

• Venue Split By Relief Sought

  A petition for guardian of the person only may be filed in the juvenile court for the county of venue; a petition involving the minor's property, alone or with the person, is filed in a court exercising probate jurisdiction or any other court of record, in most counties the chancery court, with dedicated probate courts in Davidson, Shelby, and Knox counties (Tenn. Code Ann. section 34-2-101).

• No Statewide Petition Form

  Tennessee has no statewide, court promulgated guardianship of a minor petition form; the Administrative Office of the Courts self help forms page lists only divorce and order of protection forms.

• 60 Day Mandatory Cap on Emergency Guardian

  An emergency guardian's authority may not exceed 60 days, and the statute's internal deadlines are mandatory, not directory, so failing to meet them voids the emergency appointment (Tenn. Code Ann. section 34-1-132).

• Notice By Certified Mail to Closest Relatives and Custodian

  The petition must name the minor's closest relatives and present custodian, who receive notice by certified mail from the court clerk, and the hearing is held not less than 7 nor more than 60 days after service or the guardian ad litem's appointment, whichever is later (Tenn. Code Ann. sections 34-1-106, 34-1-108).

• Guardian Ad Litem Mandatory Unless Waived

  A guardian ad litem must be appointed on the filing of a petition for a fiduciary unless the court waives it because the respondent already has an appearing lawyer, a parent is a petitioner, the petitioner is a minor who has attained 14, or waiver serves the minor's best interest (Tenn. Code Ann. section 34-1-107).

• Bond Required Only for a Guardian of the Property

  Bond is required by default only for a guardian managing the minor's property, equal to the fair market value of the minor's personal property plus one year's anticipated income from all property, renewed annually, and waivable on the record under specific conditions (Tenn. Code Ann. section 34-1-105).

• Guardianship of the Person Ends Automatically at 18

  A guardianship of the person terminates automatically when the minor turns 18; a guardianship of the property also ends by default at 18 but may be continued up to the ward's 25th birthday on a timely petition showing that continuation serves the ward's best interest (Tenn. Code Ann. section 34-2-106).

• Parental Priority for Appointment

  The court considers, in order, the minor's parents, a person the parents designated in a will or other written document, adult siblings, closest relatives, and other persons, subject to the court's determination of the minor's best interest (Tenn. Code Ann. section 34-2-103).

• Power of Attorney for Care of a Minor Child as Non Court Alternative

  A parent with legal custody can delegate temporary caregiving authority to an adult Tennessee resident on a Department of Children's Services form without court approval, for a defined hardship, with no statutory duration cap (Tenn. Code Ann. sections 34-6-301 to 34-6-310).