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Estate Planning and Probate

Tennessee Guardianshipand ConservatorshipAttorney

The Matter

Focus on the Person Who Needs Support

Questions about guardianship or conservatorship often arise when a loved one needs additional support. Dale Law Group offers guardianship and conservatorship services within its estate planning practice. Begin with the person’s circumstances, wishes, existing documents, and the specific decisions that have become difficult.

01 / Getting oriented

The person’s needs

Describe the person’s circumstances and the support they currently receive.

02 / Getting oriented

Existing support

Gather relevant planning documents and information about people already assisting.

03 / Getting oriented

The immediate concern

Explain the particular decisions or situations prompting your inquiry.

Guardianship and Conservatorship in Tennessee

Guardianship and Conservatorship With a Tennessee Lawyer

In Tennessee, a guardian is generally appointed by a court for a minor child, while a conservator is appointed for an adult whom a court finds unable to manage some or all of their personal or financial affairs because of a disability.

These proceedings protect people who cannot protect themselves, but they are formal court cases with ongoing responsibilities.

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How a Conservatorship Case Generally Proceeds

A guardianship and conservatorship lawyer can walk a family through each stage.

  • A petition is filed in the appropriate court
  • A guardian ad litem is typically appointed to investigate and report to the court
  • A sworn medical examination report is usually required
  • The person has rights to notice, to attend the hearing, and to counsel
  • The court decides whether a conservatorship is needed and which powers to grant
  • The conservator may file inventories, accountings, and reports

The Least Restrictive Alternative

Tennessee courts consider the least restrictive alternative, which means granting only the authority that is actually necessary. Powers of attorney, trusts, and supported decision-making can sometimes meet a person’s needs without a full conservatorship.

Planning Ahead for Children and Adults

Parents can nominate a guardian for minor children in a will. Adults can sign durable powers of attorney and healthcare documents now, which can avoid the need for a conservatorship later. Families of a child with a disability often begin planning before the child turns 18.

Talk With a Murfreesboro Guardianship and Conservatorship Attorney

Carolyn D. Dale is the founding attorney of Dale Law Group, PLLC in Murfreesboro, Tennessee, serving Smyrna, Murfreesboro, Franklin, Nashville, and communities throughout Middle Tennessee. Call +1 866-576-5317 or send a brief, non-confidential message to start a conversation about your goals.

This page provides general information, not legal advice. Representation begins only after a written engagement agreement.

What Your Lawyer Checks

A conversation about guardianship and conservatorship starts with your circumstances. These topics can help you prepare questions and organize the information you already have.

Personal wishes

Keep the person’s preferences and situation central to the discussion.

Existing authority

Bring any powers of attorney or other relevant documents.

Family circumstances

Identify support people and concerns that may affect the matter.

Court information

Share existing court papers or notices and flag approaching dates.

General information only. The right approach depends on your circumstances, documents, and applicable law. Discuss your specific questions with the attorney before acting.

Terms You May Hear

Terms Your Lawyer Uses

A few terms you may encounter when discussing this service. Their application depends on the documents and circumstances involved.

Conservatorship

A court-related arrangement addressing responsibilities for a person who needs protection or assistance.

Prepare for aCourt Protection Case

Guardianship and conservatorship are court processes. The first conversation sorts whether you are asking about a minor, an adult, or planning that might avoid a case.

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  1. Identify the person

    Explain whether the concern is a child or an adult, and what decisions are not getting made.

  2. Gather existing authority

    Bring powers of attorney, healthcare forms, and any court papers already filed.

  3. Review the court path

    Discuss notice, medical information, and the duties a guardian or conservator may have if a judge appoints one.

More Ways Your Lawyer Can Help

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Guardianship and ConservatorshipFAQs

Common questions about guardianship and conservatorship. Your documents and circumstances decide the right next step.

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What should I bring to the first discussion?

Bring existing legal documents, relevant court papers if any, and a clear description of the decisions or support needs prompting your concern.

What circumstances should I describe at an initial meeting?

Explain the person’s age, support needs, living situation, and the specific decisions causing concern. Identify family members or others involved and any urgent safety or care issues.

Should I bring existing powers of attorney or court orders?

Yes. Bring available decision-making documents and orders, along with relevant notices. Ask how existing arrangements and possible alternatives relate to the assistance being sought.

What should a proposed guardian or conservator consider?

Think about availability, recordkeeping, family communication, and the person’s preferences and needs. Ask about the responsibilities, court involvement, and limits that would apply before agreeing to serve.

What is the difference between a guardian and a conservator in Tennessee?

A guardian is commonly appointed for a minor. A conservator is commonly appointed for an adult who cannot make certain decisions. The court looks at the person and which decisions are at stake. Bring the situation, not a label you found online.

Do we have to go to court?

A guardianship or conservatorship is a court process. If a valid power of attorney or healthcare directive already names someone, court may be unnecessary. Bring those documents before you file anything.

Can a power of attorney avoid a conservatorship?

It often can, if it was signed while the person still had capacity and it covers the decision you need. If the person can no longer sign, or the document is too narrow, the court may be the remaining path.

Who can ask the court to appoint someone?

A spouse, adult child, or another concerned person may be able to file. The court, not the family, makes the appointment. Say who is involved and whether anyone will object.

What is expected of the person who serves?

Honest reports, careful records, and decisions for the other person rather than for yourself. Ask about bond, accountings, and limits before you agree to serve.

Does the person who needs help get a say?

Yes. The court is supposed to hear from them, and their wishes still matter even when a conservator is appointed. Tell us how they communicate and what they have already said they want.

Related Reading

Guides From the Dale Law Blog

Dale Law BlogHow To Protect Minor Children Through Estate PlanningRead the guide →Dale Law BlogDo Young Families Really Need a Trust?Read the guide →Dale Law BlogPower of Attorney in Tennessee: Who Pays the Bills If You Can’t?Read the guide →