Tennessee Adult Conservatorship Petition Package

Tennessee Adult Conservatorship Petition Package

Part 1 — Pre-Petition Checklist

☐ Confirmed proper terminology: Tennessee uses conservator for adults with disabilities (T.C.A. § 34-1-101(4)(A)); "guardian" applies only to minors.
☐ Confirmed venue under T.C.A. § 34-3-101: action filed in court exercising probate jurisdiction in the county of residence of the alleged person with a disability.
☐ If respondent is incarcerated in a Department of Correction facility, venue lies in the county where the facility is located (T.C.A. § 34-3-101(b)(2)(A)).
☐ If respondent is involuntarily hospitalized in a Department of Mental Health and Substance Abuse Services institution, venue lies in the county where the institution is located (T.C.A. § 34-3-101(b)(2)(B)).
☐ Identified all extended family, caretakers, and healthcare/residential facilities to be disclosed under T.C.A. § 34-3-104.
☐ Considered and documented less restrictive alternatives as required by T.C.A. § 34-1-127, including: existing durable power of attorney, healthcare power of attorney, advance directive, representative payee, supported decision-making, or trust.
☐ Obtained or arranged for a sworn examination report under T.C.A. § 34-3-105 (within 90 days prior to filing) by a physician, psychologist, or senior psychological examiner; or requested court order for examination.
☐ Identified proposed conservator and confirmed eligibility, willingness to serve, and absence of disqualifying conflict.
☐ Reviewed priority list and considered nominations under any existing power of attorney.
☐ Determined whether petition seeks conservator of the person, the property, or both.
☐ Considered whether the proposed conservatorship should be limited under T.C.A. § 34-3-107(d) to only those rights respondent lacks capacity to exercise.
☐ Prepared property management plan under T.C.A. § 34-1-110 (if property conservatorship is sought).
☐ Verified bond amount required under T.C.A. § 34-1-105 (or noted basis for waiver under T.C.A. § 34-1-121).
☐ Filing fee confirmed with local clerk and master / clerk of court of probate jurisdiction.
☐ Service of process plan in place for respondent (personal service required) and all interested parties.

Part 2 — Verified Petition for Appointment of Conservator

VERIFIED PETITION FOR APPOINTMENT OF CONSERVATOR

COMES NOW the Petitioner, [PETITIONER FULL NAME], by and through undersigned counsel, and respectfully petitions this Honorable Court pursuant to T.C.A. § 34-3-101 et seq. for the appointment of a conservator for the Respondent, and states as follows:

1. Petitioner

2. Respondent (Alleged Person with a Disability) — T.C.A. § 34-3-104(1)

3. Proposed Conservator — T.C.A. § 34-3-104(4)

4. Spouse, Adult Children, Parents, and Closest Relatives — T.C.A. § 34-3-104(3)

5. Person/Facility Having Custody or Care — T.C.A. § 34-3-104(2)

6. Nature and Type of Disability — T.C.A. § 34-3-103

Respondent is unable to manage his/her own affairs and/or make decisions in the following areas due to the following condition(s):

• Diagnosis / Condition: [________________________________]
• Specific functional limitations: [________________________________]
• Areas in which decision-making capacity is impaired: [________________________________]

7. Property and Income — T.C.A. § 34-3-103(4)

8. Less Restrictive Alternatives Considered — T.C.A. § 34-1-127

Petitioner has considered the following less restrictive alternatives and states the following reasons each is insufficient to meet Respondent's needs:

9. Scope Requested

Petitioner requests appointment of a conservator with authority over (check all that apply):

☐ Person of Respondent (healthcare, residence, daily care)
☐ Property of Respondent (financial decisions, asset management)
☐ Both Person and Property
☐ Limited Conservatorship — limited to the following specific powers only (T.C.A. § 34-3-107(d)):
[________________________________]

10. Specific Powers/Rights to Be Removed (Limited Conservatorship)

☐ Power to make healthcare decisions
☐ Power to determine residence
☐ Power to contract
☐ Power to manage finances / property
☐ Right to vote
☐ Right to drive (Class [____] license)
☐ Right to marry / divorce
☐ Right to consent to medical treatment
☐ Other: [________________________________]

11. Prayer for Relief

WHEREFORE, Petitioner respectfully prays:

a. That the Court appoint a guardian ad litem under T.C.A. § 34-1-107 to investigate and report;
b. That the Court appoint an attorney ad litem under T.C.A. § 34-1-125 if Respondent objects to the conservatorship or to the proposed fiduciary;
c. That the Court order an examination under T.C.A. § 34-3-105 if not already submitted;
d. That the Court set a hearing under T.C.A. § 34-3-107;
e. That after hearing, the Court adjudicate Respondent to be a person with a disability requiring a conservator;
f. That the Court appoint [PROPOSED CONSERVATOR] as conservator with the powers requested above;
g. That bond be set at $[__________] (or waived under T.C.A. § 34-1-121); and
h. For such other and further relief as the Court deems just and proper.

VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Tennessee that the foregoing is true and correct to the best of my knowledge and belief.

Attorney for Petitioner:

Part 3 — Notice to Respondent (Alleged Person with a Disability)

NOTICE TO RESPONDENT — YOUR RIGHTS UNDER T.C.A. § 34-3-106

TO: [RESPONDENT NAME]
FROM: The Court / Petitioner

A Petition has been filed asking the Court to appoint a Conservator for you. A conservator is a person the Court appoints to make some or all of your decisions because the Court has found you have a disability that prevents you from making those decisions yourself.

YOU HAVE THE FOLLOWING RIGHTS under Tennessee law (T.C.A. § 34-3-106):

☐ The right to a hearing on the issue of disability, on demand by you or the guardian ad litem;
☐ The right to present evidence, including testimony from a physician, psychologist, or senior psychological examiner of your choosing;
☐ The right to confront and cross-examine witnesses;
☐ The right to appeal the Court's final decision with the assistance of an attorney ad litem or adversary counsel;
☐ The right to attend any hearing;
☐ The right to have an attorney ad litem appointed to advocate for your interests;
☐ The right to request a protective order placing under seal your health and financial information, including the examination report under T.C.A. § 34-3-105(c).

A guardian ad litem will be appointed to act as the Court's "eyes and ears" and meet with you. If you object to the conservatorship or to the proposed conservator, an attorney ad litem will be appointed to defend your interests.

Hearing Date: [__/__/____] at [____]:[____] [☐ a.m. ☐ p.m.]
Location: [________________________________]

Part 4 — Notice to Interested Parties

NOTICE OF FILING OF PETITION FOR CONSERVATORSHIP

TO: [NAME], [RELATIONSHIP]

PLEASE TAKE NOTICE that on [__/__/____], [PETITIONER NAME] filed a Verified Petition for Appointment of Conservator for [RESPONDENT NAME] in the [_______________] Court for [_____________] County, Tennessee, Docket No. [____________].

A hearing on the Petition is scheduled for [__/__/____] at [____]:[____] [☐ a.m. ☐ p.m.] in Courtroom [____], [Courthouse Address].

You may appear, be heard, file objections, and present evidence. If you object to the appointment of the proposed conservator or to the conservatorship itself, you must file your objection with the Clerk and Master / Clerk of Court at least [____] days before the hearing.

Persons Entitled to Notice (T.C.A. § 34-3-106(1)):

Part 5 — Sworn Examination Report (Capacity / Medical Certification)

SWORN EXAMINATION REPORT UNDER T.C.A. § 34-3-105

Respondent: [_______________________]
Date of Examination: [__/__/____]
Examiner Name: [_______________________]
Examiner Type: ☐ Physician ☐ Psychologist ☐ Senior Psychological Examiner
License No.: [_______________________]

A. Medical History (T.C.A. § 34-3-105(c)(1))

[________________________________]

B. Nature and Type of Disability (T.C.A. § 34-3-105(c)(2))

[________________________________]

C. Functional Capacity Assessment

D. Opinion as to Need for Conservator (T.C.A. § 34-3-105(c)(3))

☐ A conservator is needed.
☐ A conservator is not needed.

Recommended type/scope of conservatorship and reasons:
[________________________________]

E. Prognosis

[________________________________]

F. Examiner's Sworn Declaration

I declare under penalty of perjury under the laws of Tennessee, pursuant to Tenn. R. Civ. P. 72, that the foregoing examination report is true and correct.

[☐ Notarized ☐ Declared under penalty of perjury per TRCP 72]

Part 6 — Order Appointing Guardian ad Litem / Attorney ad Litem

ORDER APPOINTING GUARDIAN AD LITEM (T.C.A. § 34-1-107)

Upon the filing of the Verified Petition for Conservatorship and pursuant to T.C.A. § 34-1-107, the Court hereby APPOINTS:

[NAME OF GAL], BPR No. [__________], as Guardian ad Litem for Respondent [RESPONDENT NAME].

The Guardian ad Litem shall serve as the Court's eyes and ears and shall:

☐ Verify the contents of the Petition;
☐ Interview Respondent in person within [____] days;
☐ Interview the proposed conservator;
☐ Investigate Respondent's assets, debts, and income (for property conservatorships);
☐ Determine whether Respondent objects to the conservatorship or proposed conservator;
☐ Recommend whether bond, inventory, and accountings should be required or waived;
☐ File a written report with the Court no later than [__/__/____];
☐ Attend the hearing under T.C.A. § 34-3-107.

If Respondent objects to the conservatorship or to the proposed conservator, the Court SHALL appoint an Attorney ad Litem under T.C.A. § 34-1-125 and T.C.A. § 34-3-106(3)(5) to defend Respondent.

Part 7 — Less Restrictive Alternative Analysis (T.C.A. § 34-1-127)

CERTIFICATION OF CONSIDERATION OF LESS RESTRICTIVE ALTERNATIVES

Pursuant to T.C.A. § 34-1-127, conservatorship in Tennessee must be the least restrictive alternative consistent with the welfare and safety of the Respondent.

Petitioner's Statement: The least restrictive arrangement consistent with Respondent's welfare and safety is:

☐ Full conservatorship of the person
☐ Full conservatorship of the property
☐ Limited conservatorship over the following specific powers only: [____________]

Part 8 — Bond (T.C.A. § 34-1-105)

CONSERVATOR'S BOND

Pursuant to T.C.A. § 34-1-105, the Conservator of the Property shall execute and file a fiduciary bond in the amount of:

$[__________] — calculated based on the value of personal property plus one (1) year's anticipated income.

☐ Bond required as set forth above.
☐ Bond waived by the Court pursuant to T.C.A. § 34-1-121 for the following reasons: [____________]

Part 9 — Notice of Hearing

NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF CONSERVATOR

PLEASE TAKE NOTICE that a hearing on the Verified Petition for Appointment of Conservator for [RESPONDENT NAME] will be held as follows:

Pursuant to T.C.A. § 34-3-107, all interested parties may appear, present evidence, and be heard. Respondent has the right to attend.

Part 10 — Final Order Appointing Conservator and Letters of Conservatorship

ORDER APPOINTING CONSERVATOR

This cause came on to be heard on [__/__/____] before the Honorable [____________], on the Verified Petition, the sworn examination report, the report of the Guardian ad Litem, the testimony of witnesses, and the entire record. The Court FINDS by clear and convincing evidence:

1. ☐ The Court has jurisdiction and venue is proper under T.C.A. § 34-3-101.
2. ☐ Respondent has been given proper notice and an opportunity to be heard.
3. ☐ Respondent is a person with a disability within the meaning of T.C.A. § 34-1-101(13).
4. ☐ The least restrictive alternative consistent with the welfare and safety of Respondent is the conservatorship ordered below (T.C.A. § 34-1-127).
5. ☐ The proposed conservator is qualified and suitable to serve.

IT IS THEREFORE ORDERED:

A. [NAME] is APPOINTED Conservator of the ☐ Person ☐ Property ☐ Person and Property of [RESPONDENT].

B. The Conservator shall exercise the following powers (check applicable):

☐ Determine residence and care
☐ Consent to medical treatment
☐ Manage finances and property
☐ Enter into contracts on Respondent's behalf
☐ Receive income and pay expenses
☐ File tax returns
☐ Other: [____________]

C. The following powers/rights are RETAINED by Respondent:

☐ Right to vote
☐ Right to make personal social decisions
☐ Right to communicate freely
☐ Other: [____________]

D. Bond is set at $[__________] [☐ or waived under T.C.A. § 34-1-121].

E. Initial Property Management Plan under T.C.A. § 34-1-110 shall be filed within [____] days.

F. Annual accountings shall be filed under T.C.A. § 34-1-111 [☐ or waived under T.C.A. § 34-1-121].

G. Letters of Conservatorship shall issue upon qualification and posting of bond.

LETTERS OF CONSERVATORSHIP

The State of Tennessee, [_____________] County

These LETTERS are issued to [CONSERVATOR NAME] authorizing the bearer to act as Conservator of the ☐ Person ☐ Property ☐ Person and Property of [RESPONDENT NAME], with the powers set forth in the Order Appointing Conservator entered [__/__/____].

Part 11 — Initial Inventory and Annual Accounting References

INITIAL PROPERTY MANAGEMENT PLAN / INVENTORY (T.C.A. § 34-1-110)

Within sixty (60) days of qualification, the Conservator of the Property shall file a Property Management Plan containing a complete inventory and proposed plan for managing Respondent's assets.

ANNUAL ACCOUNTING (T.C.A. § 34-1-111)

The Conservator shall file an annual accounting within sixty (60) days after the anniversary of qualification, including:

☐ Beginning balance / inventory
☐ All receipts (income, benefits, asset sales)
☐ All disbursements (categorized)
☐ Ending balance
☐ Supporting documentation (bank statements, receipts)
☐ Status report on Respondent's well-being (for conservatorship of the person)

Sources and References

• Tennessee Code Annotated, Title 34 (Guardianship): https://www.lexisnexis.com/hottopics/tncode/
• T.C.A. § 34-3-101 et seq. (Conservatorship of Adults)
• T.C.A. § 34-1-101 et seq. (General Provisions)
• 2024 Tenn. Acts ch. 630 (amending T.C.A. § 34-3-105 examination report requirements)
• Tennessee Center for Decision-Making: https://www.tndecisionmaking.org/conservatorship-lev4/
• Tennessee Courts — Tips for Adjudication in Conservatorship and Guardianship Cases (Hon. Randy Kennedy)
• Tenn. R. Civ. P. 72 (Unsworn declarations under penalty of perjury)