Conservatorship in Tennessee: Protecting an Adult Who Can No Longer Decide

Key takeaways: Tennessee uses conservatorship for adults and guardianship for minors, and the distinction is not cosmetic. A conservatorship is governed by Title 34 and requires the court to find, by clear and convincing evidence, that the person is disabled and in need of assistance. A sworn medical examination is required. The court appoints a guardian ad litem, and Tennessee law expressly requires the least restrictive alternative, removing only the rights the person can no longer exercise. A conservator of property files a property management plan and accounts annually. A durable power of attorney and an advance care plan signed while capacity remains will usually avoid the whole proceeding.

Getting the word right

Families often arrive asking about guardianship for a parent. In Tennessee, that is the wrong proceeding. Guardianship here is for minors. For an adult who can no longer manage because of dementia, stroke, brain injury or intellectual disability, the proceeding is a conservatorship, under Title 34 of the Tennessee Code. The Tennessee Courts site publishes the local rules and forms each county applies.

This matters practically. Filing under the wrong chapter costs weeks, and in a situation that is usually already urgent, weeks are what you do not have.

What the court has to be satisfied of

A conservatorship petition asks the court to find that the respondent is a person with a disability who needs partial or full assistance because they cannot manage their person or property. The standard is clear and convincing evidence, and the burden sits with the petitioner.

Tennessee requires a sworn medical examination from a physician or psychologist, filed with the petition or shortly after. This is the evidential centre of the case. A thorough report that addresses specific functional abilities, rather than simply naming a diagnosis, is what makes the difference, because the court is deciding which rights to remove rather than whether someone is unwell.

The respondent is entitled to notice, to attend, to counsel and to a guardian ad litem appointed by the court. The guardian ad litem investigates and reports, and their recommendation carries real weight.

Least restrictive alternative is a requirement, not a suggestion

Tennessee law is unusually explicit that the court must impose the least restrictive alternative and remove only those rights the person cannot exercise. The order is required to enumerate the rights removed and vested in the conservator.

The practical consequence is that a well-prepared petition asks for something narrower than everything. A person may be unable to manage a bank account while remaining entirely capable of deciding where to live and who to see. Asking the court to strip all of it because a template did so is both bad advocacy and bad for the person, and Tennessee judges do push back on it.

The court may also appoint separate conservators of the person and of the property, which is useful where one family member is the natural caregiver and another is better suited to finances.

What a conservator of property signs up for

Tennessee requires a property management plan, filed within a set period after appointment, setting out how the assets will be managed, invested and spent for the person’s benefit. A bond is generally required unless waived on stated grounds.

Annual accountings follow and the clerk reviews them. Selling real property, making gifts or changing an estate plan needs prior court approval. A conservator who spends from the conservatorship account for their own convenience will be asked about it, and that conversation goes badly.

Our elder law practice supports conservators through the annual cycle, which is where most of the ongoing work actually sits.

How to make a conservatorship unnecessary

The great majority of Tennessee conservatorships would have been avoided by two documents.

A durable power of attorney lets an agent handle finances and survives incapacity. An advance care plan, Tennessee’s health care directive, appoints an agent for medical decisions and records treatment wishes. Together they cover most of what a conservatorship covers, without a petition, a medical examination, a guardian ad litem, a bond or annual accountings, and with the person choosing their own decision-maker.

The constraint is always the same: capacity. These can only be signed while the person still understands them. Once a diagnosis has advanced far enough, the only route left is the courtroom. That is the whole argument for doing it early, and it is the argument people most often hear and postpone. Our estate planning page sets out the full set.

Frequently asked questions

How long does a Tennessee conservatorship take?

An uncontested petition commonly takes six to twelve weeks. Emergency conservatorships are available where there is immediate risk, and can be granted far faster on a temporary basis.

Who pays for it?

Costs, including the guardian ad litem’s fee and attorney fees, are normally paid from the respondent’s assets where they have them.

Can the person object?

Yes. The respondent may contest the petition, is entitled to counsel and may demand a hearing. A conservatorship is not something that happens to someone without their having a voice in it.

Can a conservatorship be ended?

Yes. Where the person’s condition improves, the court may terminate or modify it and restore the rights that were removed.

Does a power of attorney stop a conservatorship being filed?

Not absolutely, but a valid durable power of attorney with an agent acting properly removes most of the reason for one, and courts will ask why the existing arrangement is inadequate.

If you are weighing a conservatorship in Middle Tennessee, our Nashville office handles these regularly. Tell us the situation and we will tell you whether you need one.