Adult Guardianship in Tennessee
Reviewed by DocDraft Legal Team - Tennessee - Last updated October 9, 2026
In Tennessee, an adult who needs help is a "person with a disability" and the court appoints a "conservator" of the person, the property, or both; "guardian" is defined in Title 34 only for a minor (Tenn. Code Ann. 34-1-101). The case is brought in a court exercising probate jurisdiction or any other court of record in the county of the respondent's residence (34-3-101). The court must find by clear and convincing evidence that the respondent is fully or partially disabled and in need of assistance from the court (34-1-126). A guardian ad litem, who is a lawyer and an agent of the court, not an advocate for the respondent, is appointed no later than ten days from the date the petition was filed unless the appointment is waived, and the hearing is held not less than seven nor more than sixty days from the date of service on the respondent or the date the guardian ad litem was appointed, whichever is later (or less than seven days if the case is life-threatening, with actual notice to the closest relative and the respondent) (34-1-107, 34-1-108).
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What is happening with the adult you are concerned about?
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How does a court decide an adult needs a conservator in Tennessee?
The court must find by clear and convincing evidence that the respondent is fully or partially disabled and needs the court's assistance (34-1-126). A person with a disability is an adult determined by the court to need partial or full supervision, protection, and assistance because of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity.
Which court and which form start an adult conservatorship in Tennessee?
The action is brought in a court exercising probate jurisdiction or any other court of record, in the county where the alleged person with a disability resides (34-3-101). The statute sets what the petition must contain (34-3-104). Ask the clerk of that court which petition form and local requirements apply, because the court's own requirements control.
Does Tennessee require a doctor's report for a conservatorship?
If the respondent was examined not more than 90 days before the petition and the examination is pertinent, the sworn report is filed with the petition. Otherwise the court orders an examination by a physician or, where appropriate, a psychologist. The report must give the medical history, the disability, and an opinion on whether a conservator is needed (34-3-105).
What rights does the respondent have in a Tennessee conservatorship case?
The hearing is held seven to sixty days from service or the guardian ad litem's appointment, whichever is later, or sooner if life-threatening with actual notice to the closest relative and the respondent. The respondent may attend, present evidence, and cross-examine. An attorney ad litem is appointed on request, on the guardian ad litem's recommendation, or if necessary to protect the respondent's rights.
Tennessee's conservator terminology, guardian ad litem, and seven-to-sixty-day hearing window
Tennessee reserves "guardian" in Title 34 for a minor, so an adult proceeding is a conservatorship for a "person with a disability" (the respondent), and the conservator may be appointed over the person, the property, or both (Tenn. Code Ann. 34-1-101, 34-3-101). Rights are removed "in whole or in part, in a least restrictive manner," and the order must list the powers removed and provide that the respondent "shall retain" all others (34-1-101(4)(B), 34-3-107). The court must find by clear and convincing evidence that the respondent is fully or partially disabled and in need of assistance from the court (34-1-126). The medical evidence is a sworn examination report from a physician or, where appropriate, a psychologist; if the respondent was examined not more than 90 days before the petition and the examination is pertinent, the report is filed with the petition, and the report is prima facie evidence of disability and need unless it is contested and found to be in error (34-3-104, 34-3-105). The court appoints a guardian ad litem, a licensed Tennessee lawyer who is an agent of the court and not an advocate for the respondent, no later than ten days from the date the petition was filed unless the appointment is waived; in a conservatorship the guardian ad litem must interview the respondent in person and review the sworn medical report (34-1-107). A separate attorney ad litem is appointed on the respondent's request, on the guardian ad litem's recommendation, or if it appears to the court to be necessary to protect the respondent's rights, so counsel is not automatic, and the cost is charged against the respondent's assets unless the petition is dismissed for fraud, bad faith or deception (34-1-125). The hearing is held not less than seven nor more than sixty days from the date of service on the respondent or the date the guardian ad litem was appointed, whichever is later, or less than seven days if the case is life-threatening, with actual notice to the closest relative and the respondent (34-1-108).
Relevant Laws
Tenn. Code Ann. 34-1-126 (Clear and convincing evidence) and 34-1-101 (Definitions)
Section 34-1-126 requires the court to find by clear and convincing evidence that the respondent is fully or partially disabled and in need of assistance from the court. Section 34-1-101 defines a conservator as a person or entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity, and defines a person with a disability as an adult determined by the court to be in need of partial or full supervision, protection, and assistance.
Tenn. Code Ann. 34-3-101 (Conservatorship: court and venue)
Allows an action for appointment of a conservator in a court exercising probate jurisdiction or any other court of record of any county in which there is venue, and requires it to be brought in the county of residence of the alleged person with a disability. Section 34-3-104 sets the petition's contents.
Tenn. Code Ann. 34-1-108 (Notice and hearing) and 34-3-105 (Examination)
Sets the hearing not less than seven nor more than sixty days from the date of service on the respondent or the date the guardian ad litem was appointed, whichever is later, or less than seven days if life-threatening with actual notice to the closest relative and the respondent. Section 34-3-105 governs the sworn examination report, and sections 34-1-107 and 34-1-125 cover the guardian ad litem and the attorney ad litem.
Tenn. Code Ann. 34-1-130 (Clerk forms and instructions)
Provides that the clerk may prescribe forms or instructions as to the manner in which a fiduciary may render its inventory, receipts, and expenditures. Ask the clerk of the court about local petition forms.
Regional Variances
Tennessee adult guardianship requirements
Court
A court exercising probate jurisdiction or any other court of record, in the county of the alleged person with a disability's residence (34-3-101).
Terms used
Conservator or co-conservators of the person, the property, or both, for a "person with a disability" (the respondent). "Guardian" is defined in Title 34 for a minor only (34-1-101).
Petition form
The statute sets the petition's contents (34-3-104). Ask the clerk of the court about the petition form and local requirements, because the court's requirements control.
Incapacity standard and proof
A person with a disability is an adult determined by the court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity (34-1-101). The court must find by clear and convincing evidence that the respondent is fully or partially disabled and in need of assistance from the court (34-1-126).
Medical or evaluator report
Sworn report of an examiner (physician or, where appropriate, psychologist). Filed with the petition if the respondent was examined not more than 90 days before the petition and the examination is pertinent; otherwise the court orders an examination. Prima facie evidence unless contested and found to be in error (34-3-104, 34-3-105).
Notice and service
Notice of hearing with the respondent's rights is served on the respondent and any person or institution having care or custody, by the guardian ad litem or as otherwise authorized under the Tennessee Rules of Civil Procedure. Hearing not less than seven nor more than sixty days from service on the respondent or the guardian ad litem's appointment, whichever is later; less than seven days if life-threatening, with actual notice to the closest relative and the respondent (34-1-108).
Right to counsel
A guardian ad litem, a lawyer who is not the respondent's advocate, is appointed no later than ten days from filing unless waived (34-1-107). An attorney ad litem is appointed on the respondent's request, on the guardian ad litem's recommendation, or if necessary to protect the respondent's rights (34-1-125).
Less restrictive alternatives
The court has an affirmative duty to ascertain and impose the least restrictive alternatives consistent with adequate protection (34-1-127). The respondent retains all powers not specifically removed (34-3-107).
Emergency conservator
If compliance with Title 34 will likely result in substantial harm to the respondent's health, safety, or welfare and no other person appears to have authority, willingness and to be acting in the respondent's best interests: authority may not exceed sixty days; notice within 48 hours and hearing within five days if appointed without notice (34-1-132).
Bond and reports
Bond equal to personal property value plus one year's anticipated income from all property, including real property, renewed annually, excusable on listed grounds (34-1-105). Sworn inventory within 60 days after appointment when property is managed (34-1-110). Accountings from six months, then yearly (34-1-111).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney or healthcare power of attorney, or a conservatorship limited to specific powers, would meet the need. The court has an affirmative duty to ascertain and impose the least restrictive alternatives consistent with adequate protection of the person and the person's property.
Arrange the sworn examination report
Before filing, or as the court orders days after startingIf the respondent was examined not more than 90 days before the petition and the examination is pertinent, the sworn report is filed with the petition. Otherwise the court orders an examination by a physician or, where appropriate, a psychologist. The report gives the medical history, the disability, and an opinion on whether a conservator is needed.
File the petition with the court
At filing days after startingFile the petition, with the contents 34-3-104 requires, in a court exercising probate jurisdiction or any other court of record in the county where the alleged person with a disability resides. Ask the clerk of the court about the petition form and local requirements.
Confirm service and prepare for the hearing
Hearing not less than seven nor more than sixty days from service or the guardian ad litem's appointment, whichever is later days after startingConfirm the notice of hearing is served on the respondent and any person or institution having care or custody, as 34-1-108 provides. The guardian ad litem is appointed no later than ten days from filing unless waived; an attorney ad litem is appointed on request, on the guardian ad litem's recommendation, or if necessary to protect the respondent's rights. If the case is life-threatening, the hearing may be held in less than seven days with actual notice to the closest relative and the respondent.
Calendar bond, inventory and accountings
After appointment days after startingBond equals the fair market value of personal property plus one year's anticipated income from all property, including real property, renewed annually, unless the court excuses it on listed grounds. A fiduciary managing property files a sworn inventory within 60 days after appointment. The first sworn accounting is due within 30 days after the six-month anniversary, then within 60 days after each anniversary.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney or healthcare power of attorney, or a conservatorship limited to specific powers, would meet the need. The court has an affirmative duty to ascertain and impose the least restrictive alternatives consistent with adequate protection of the person and the person's property. | durable-power-of-attorney | Before filing |
| Arrange the sworn examination report | If the respondent was examined not more than 90 days before the petition and the examination is pertinent, the sworn report is filed with the petition. Otherwise the court orders an examination by a physician or, where appropriate, a psychologist. The report gives the medical history, the disability, and an opinion on whether a conservator is needed. | - | Before filing, or as the court orders |
| File the petition with the court | File the petition, with the contents 34-3-104 requires, in a court exercising probate jurisdiction or any other court of record in the county where the alleged person with a disability resides. Ask the clerk of the court about the petition form and local requirements. | - | At filing |
| Confirm service and prepare for the hearing | Confirm the notice of hearing is served on the respondent and any person or institution having care or custody, as 34-1-108 provides. The guardian ad litem is appointed no later than ten days from filing unless waived; an attorney ad litem is appointed on request, on the guardian ad litem's recommendation, or if necessary to protect the respondent's rights. If the case is life-threatening, the hearing may be held in less than seven days with actual notice to the closest relative and the respondent. | - | Hearing not less than seven nor more than sixty days from service or the guardian ad litem's appointment, whichever is later |
| Calendar bond, inventory and accountings | Bond equals the fair market value of personal property plus one year's anticipated income from all property, including real property, renewed annually, unless the court excuses it on listed grounds. A fiduciary managing property files a sworn inventory within 60 days after appointment. The first sworn accounting is due within 30 days after the six-month anniversary, then within 60 days after each anniversary. | - | After appointment |
Frequently Asked Questions
Other Tennessee guides
Adverse Possession in Tennessee: Four Seven Year Sections and a Twenty Year Tax Bar
Asset Protection Planning in Tennessee (2026)
Dealing With Debt Collectors in Tennessee (2026)
Expunging a Criminal Record in Tennessee (2026)
Filing a Workplace Harassment Complaint in Tennessee
Filing Chapter 7 Bankruptcy in Tennessee (2026)
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