Tennessee: Adult Guardianship and Conservatorship Petition Requirements

Requirements one by one

Proceeding and state terminology

Tennessee's ordinary adult proceeding is a conservatorship under Title 34. It can transfer personal, medical, residential, contractual, financial, or property decisions, but Tenn. Code Ann. § 34-1-101 defines the proceeding as removing powers only "in whole or in part, in a least restrictive manner." The same petition structure can seek authority over the person, property, or both; Tennessee's ordinary guardianship label is principally used for minors.

Who may file and where

Any person with knowledge of the circumstances necessitating appointment may petition under Tenn. Code Ann. § 34-3-102. Tenn. Code Ann. § 34-3-101 permits filing in a court exercising probate jurisdiction or another court of record with venue, but requires the county of the adult's legal residence or domicile. Because Tennessee treats that venue rule as jurisdictional, physical presence in a facility does not necessarily create a new county of residence.

What the petition must contain

The petition must give the court a usable picture of the people and authority involved. Tenn. Code Ann. § 34-3-104 reaches the respondent, petitioner, proposed conservator, closest relatives, extended family, caretakers, and healthcare or residential providers. It also requires the proposed conservator's age, address, relationship and convictions; a signed willingness to serve when that person is not the petitioner; and current vulnerable-person-registry and national-sex-offender-registry searches.

The filing should distinguish person authority from property authority and identify the requested scope. A pertinent examination report from the preceding 90 days ordinarily accompanies the petition; if the report is unavailable because no timely voluntary examination occurred, § 34-3-105 instead uses a court-ordered examination.

Proof required for appointment

Under Tenn. Code Ann. § 34-1-126, the petitioner must establish by clear and convincing evidence that the adult is fully or partially disabled and needs the court's assistance. Only after that finding does the court decide whether a partial or full conservatorship is in the adult's best interests. A diagnosis may support the case, but the medical and GAL materials must connect the condition to impaired functioning and the need for transferred powers.

Alternatives the court must address

Tenn. Code Ann. § 34-1-127 requires the least restrictive alternative that will sufficiently protect the adult. That requirement is reinforced at both ends of the case: the statutory definition frames conservatorship as a least-restrictive transfer, and § 34-3-107 leaves every power not specifically removed with the adult. The court therefore must tailor the remedy to the proved decision areas rather than treating full authority as automatic.

Notice, service, and hearing timing

Tenn. Code Ann. § 34-1-108 requires hearing notice to the adult and any person, institution, or residential provider having care or custody. The closest relatives other than the petitioner and the person or institution with whom the adult lives also receive notice; mail to their last known addresses is sufficient for that additional service.

Current § 34-1-108 uses a 60-day hearing period measured from service on the adult or appointment of the GAL.

Counsel and hearing rights

The GAL and attorney ad litem have different jobs. Tenn. Code Ann. § 34-1-107 ordinarily requires a GAL, although the court may waive or end that appointment in the adult's best interests after counsel appears. The GAL is the court's impartial investigator, not the adult's advocate.

Separate advocacy counsel is controlled by § 34-1-125: the court must appoint an attorney ad litem on the adult's request, the GAL's recommendation, or when necessary to protect the adult's rights or interests. Under § 34-3-106, the adult may demand a hearing on disability, present evidence, confront and cross-examine witnesses, attend the hearing, appeal with counsel, and seek protection for private health and financial information.

Medical evidence or court evaluator

Tenn. Code Ann. § 34-3-105 uses a 90-day examination window. A pertinent report from a physician, psychologist, or senior psychological examiner is filed with the petition. If there was no timely examination, the adult cannot get out for one, or the adult refuses a voluntary examination, the court orders an examination by the professional identified in the petition or one selected by the court. The report goes to the court, petitioner and appointed GAL and must be sworn before a notary or declared under penalty of perjury. A second specialist examination may also be ordered.

The GAL separately interviews the adult in person, reviews whether the report explains both the condition and its functional effect, and reports to the court. When property authority is sought, § 34-1-107 also requires investigation of the property and the proposed fiduciary's financial capability and integrity.

Limits on the order

Tenn. Code Ann. § 34-3-107 requires the order to enumerate the powers removed from the adult and vested in the conservator. Section 34-1-129 requires the letters to state or attach those transferred powers; less-than-full authority must be prominently marked "LIMITED." All powers not specifically removed remain with the adult.

Emergency relief under § 34-1-132 is separate. It requires likely substantial harm from waiting for the ordinary procedure and no other authorized, willing person acting in the adult's best interests. An emergency appointment lasts no more than 60 days and carries only specified powers. If entered without notice, notice follows within 48 hours and a hearing within five days; the appointment itself is not an incapacity determination.

What trips people up

The automatic-looking lawyer in the case is usually the GAL, but the GAL does not represent the adult's stated position. The GAL investigates for the court. The attorney ad litem is the advocate, and the appointment triggers are the adult's request, the GAL's recommendation, or the court's finding that advocacy is necessary.

The examination report is important but is not immune from challenge. Section 34-3-105 makes the sworn report prima facie evidence of disability and need only unless it is contested and found to be in error. The ultimate clear-and-convincing finding and the choice of transferred powers remain judicial decisions.

Common questions

Does a diagnosis by itself establish the conservatorship?

No. The petitioner must prove disability and need for court assistance by clear and convincing evidence. The GAL review expressly asks how the condition affects the adult's ability to function, and the court must still choose the least restrictive sufficient result.

Does the proposed conservator automatically receive every power?

No. The order must identify each power removed and transferred. Everything not specifically removed remains with the adult, and limited letters must be marked "LIMITED."

Can the court act before the ordinary hearing if there is immediate danger?

Yes, but only through the separate emergency statute. Section 34-1-132 imposes its own substantial-harm and no-available-agent findings, a 60-day maximum, specified powers, appointed advocacy counsel, and accelerated notice and hearing protections.

Statutes and sources

• Tenn. Code Ann. §§ 34-1-101, 34-1-107, 34-1-108, 34-1-129, 34-1-132, 34-3-105 to -107. Tennessee Public Chapter 435 supplies the enacted 2013 text for least-restrictive structure, GAL duties, service, retained powers, limited letters and emergency relief. Official public chapter (accessed July 19, 2026).
• Tenn. Code Ann. § 34-3-104. Public Chapter 84 supplies the current proposed-conservator disclosures and registry-search attachments. Official public chapter (accessed July 19, 2026).
• Tenn. Code Ann. § 34-3-105. Public Chapter 630 supplies the current 90-day examination, examiner, distribution and sworn-report rules. Official public chapter (accessed July 19, 2026).
• Tenn. Code Ann. §§ 34-1-125 to -127 and 34-3-101 to -104. Current official Tennessee appellate opinions reproduce the venue, standing, closest-relative, counsel, proof and least-restrictive baselines. Rowe, Gaskin, Allen, and Malone (accessed July 19, 2026).
• Tenn. Code Ann. § 34-1-108. The General Assembly page for HB 493/SB 272 reproduces the existing 60-day baseline. Official bill page (accessed July 25, 2026).