PETITION FOR APPOINTMENT OF GUARDIAN

IN THE [COUNTY NAME] PROBATE COURT
STATE OF TENNESSEE

Case No. ______

I. DOCUMENT HEADER

1. Parties
   1.1 Petitioner: [PETITIONER FULL LEGAL NAME], an adult resident of [COUNTY, STATE].
   1.2 Minor (the “Ward”): [WARD FULL LEGAL NAME], age [AGE], date of birth [DOB], currently residing at [ADDRESS].
   1.3 Proposed Guardian: [PROPOSED GUARDIAN FULL LEGAL NAME], an adult resident of [COUNTY, STATE].

2. Effective Date and Jurisdiction
   2.1 This Petition is filed pursuant to Title 34 of the Tennessee Code Annotated (“T.C.A.”) and the Local Rules of the [COUNTY NAME] Probate Court (“Court”).
   2.2 Venue is proper in this Court under T.C.A. § 34-2-101 because the Ward is domiciled in this county.

[// GUIDANCE: Insert county-specific caption requirements if local rules differ.]

II. DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below.

“Bond” – A fiduciary bond meeting the requirements of T.C.A. § 34-2-105.
“Court” – The Probate Court of [COUNTY NAME], Tennessee.
“Interested Person” – Any individual or entity entitled to notice under T.C.A. § 34-1-101(13).
“Letters of Guardianship” – The official credential issued by the Clerk upon entry of the Order Appointing Guardian.
“Petitioner” – The person filing this Petition.
“Proposed Guardian” – The individual whom Petitioner seeks to have appointed.
“Ward” – The minor child who is the subject of this proceeding.

III. OPERATIVE PROVISIONS

3. Appointment Sought
   3.1 Petitioner seeks issuance of Letters of Guardianship appointing [PROPOSED GUARDIAN NAME] as Guardian of the Person [and Estate] of the Ward pursuant to T.C.A. §§ 34-2-103 and 34-2-110.
   3.2 Scope:
   (a) Guardian of the Person – Authority over health, education, and welfare decisions.
   (b) Guardian of the Estate – Authority to manage assets of the Ward not exceeding $ [AMOUNT]; larger amounts will be deposited into a restricted account subject to Court order.

4. Conditions Precedent
   4.1 Completion of mandatory background check (T.C.A. § 34-2-104).
   4.2 Execution and filing of Bond in an amount set by the Court.
   4.3 Service of notice on all Interested Persons at least fifteen (15) days before hearing (T.C.A. § 34-1-108).

5. Rights, Duties, and Standards
   5.1 The Guardian shall act in the Ward’s best interest and exercise the care of a prudent person dealing with the property of another.
   5.2 All decisions must comply with Tennessee’s Guardianship Standards of Practice.
   5.3 Guardian shall obtain Court approval before removal of Ward from Tennessee for more than thirty (30) consecutive days.

IV. REPRESENTATIONS & WARRANTIES

6. Petitioner represents and warrants that:
   6.1 The Ward’s parents are: [MOTHER’S NAME] and [FATHER’S NAME]. Their current status is as follows: [living/deceased/parental rights terminated].
   6.2 No other guardian, conservator, or similar fiduciary is presently appointed for the Ward.
   6.3 The Proposed Guardian:
   (a) Is not disqualified under T.C.A. § 34-1-109;
   (b) Has never been convicted of a crime of violence or dishonesty;
   (c) Is willing and able to discharge the fiduciary duties of guardian.
   6.4 All information provided herein is true, correct, and complete to the best of Petitioner’s knowledge.

[// GUIDANCE: Attach affidavits, background check reports, or consents as separate exhibits.]

V. COVENANTS & RESTRICTIONS

7. Reporting Requirements
   7.1 Inventory: Within sixty (60) days after issuance of Letters, Guardian shall file an Inventory and Property Management Plan (T.C.A. § 34-1-111).
   7.2 Annual Accountings: Guardian shall submit annual sworn accountings within thirty (30) days of the anniversary of appointment, or more frequently if ordered by the Court (T.C.A. § 34-1-112).
   7.3 Status Reports: Guardian shall file a biennial status report regarding the Ward’s condition.

8. Negative Covenants
   8.1 Guardian shall not commingle Ward’s funds with personal funds.
   8.2 Guardian shall not self-deal or engage in transactions creating a conflict of interest without prior Court approval.

VI. DEFAULT & REMEDIES

9. Events of Default
   9.1 Failure to file required reports or accountings.
   9.2 Breach of fiduciary duty, mismanagement, or misappropriation of assets.
   9.3 Failure to maintain Bond.

10. Remedies
    10.1 Sua sponte or upon Petition, the Court may:
    (a) Issue show-cause orders;
    (b) Suspend or revoke Letters;
    (c) Surcharge the Guardian;
    (d) Invoke contempt powers;
    (e) Appoint a Successor Guardian.
    10.2 Prevailing parties may recover reasonable attorney’s fees and costs as justice requires.

VII. RISK ALLOCATION

11. Bond Requirements
    11.1 Guardian shall post a Bond in the penal sum of $ [AMOUNT] with surety approved by the Clerk in accordance with T.C.A. § 34-2-105.
    11.2 Bond may be waived or reduced only upon specific Court findings consistent with statute.

12. Indemnification
    12.1 Guardian acknowledges personal liability for breaches of fiduciary duty.
    12.2 Guardian may apply to the Court for use of Ward’s assets to satisfy reasonable expenses incurred in good-faith performance of duties.

13. Force Majeure
    13.1 Physical or legal impossibility temporarily suspends Guardian’s non-essential reporting obligations; Guardian must notify the Court within ten (10) days of such event.

VIII. DISPUTE RESOLUTION

14. Governing Law
    14.1 This matter shall be governed by the laws of the State of Tennessee.

15. Forum Selection
    15.1 Exclusive jurisdiction and venue lie with the Probate Court of [COUNTY NAME], Tennessee.

16. Arbitration and Jury Trial
    16.1 Arbitration is not available for this proceeding.
    16.2 No jury is available in probate matters; all issues shall be tried to the Court.

17. Injunctive Relief
    17.1 Nothing herein limits the Court’s inherent authority to issue protective or injunctive orders to safeguard the Ward.

IX. GENERAL PROVISIONS

18. Amendment and Waiver
    18.1 Any amendment to the Guardianship Order must be sought by written petition and approved by the Court.

19. Severability
    19.1 If any provision is held unenforceable, the remaining provisions shall remain in full force and effect to the extent consistent with Tennessee law and public policy.

20. Integration
    20.1 This Petition, together with all exhibits and affidavits, constitutes the entire request for relief; no extrinsic evidence shall vary its terms.

21. Electronic Signatures
    21.1 Pursuant to Tenn. Sup. Ct. R. 46 and local e-filing rules, electronic signatures are deemed originals for all purposes.

X. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court:

A. Appoint [PROPOSED GUARDIAN NAME] as Guardian of the Person [and Estate] of [WARD NAME];
B. Set the Guardian’s Bond at $ [AMOUNT] and approve the surety thereon;
C. Issue Letters of Guardianship upon qualification;
D. Grant such other, further, and general relief as the Court deems just and proper.

XI. EXECUTION BLOCK

Respectfully submitted this ___ day of ____, 20__.

[PETITIONER NAME], Petitioner
Address: ___
Phone: ___
Email: ____

STATE OF TENNESSEE )
COUNTY OF ____ )

Before me, the undersigned Notary Public, personally appeared [PETITIONER NAME], who, being duly sworn, affirmed that the foregoing statements are true and correct to the best of his/her knowledge, information, and belief.

Witness my hand and seal this ___ day of ____, 20__.

Notary Public
My commission expires: ____

XII. CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Petition was served on the following Interested Persons by [method] on the ___ day of ____, 20__:

1. [NAME & ADDRESS]
2. [NAME & ADDRESS]

[PETITIONER OR COUNSEL NAME]

[// GUIDANCE:
• Attach Form AO-440 for summons, proposed Order Appointing Guardian, Bond form, and background check authorization.
• Confirm local filing fees and publication/notice requirements, if any.
• If a guardian ad litem is required, include a separate motion.
]