Guardianship for Elderly Parent Tennessee: Why It's Actually Called Conservatorship

Tennessee Doesn't Grant "Guardianship" Over Adults

The search that brought you here — guardianship for an elderly parent — is looking for a process Tennessee calls conservatorship. Tennessee reserves guardianship for minors under age 18; for adults who have lost decision-making capacity, the correct legal mechanism is conservatorship under T.C.A. § 34-3-101 et seq.

This isn't a technicality. Filing the wrong petition type wastes time and filing fees. County probate clerks in Tennessee will point you to the conservatorship statutes the moment you mention an elderly parent.

The Two Types of Conservatorship Authority

Tennessee courts can appoint a conservator over the person, the estate (property), or both:

Conservator of the person makes decisions about where the parent lives, what medical care they receive, and daily welfare matters. This is the appointment families typically need when a parent can no longer consent to medical procedures or choose appropriate living arrangements.

Conservator of the estate manages the parent's money, property, investments, and financial obligations. This appointment requires posting a surety bond — a financial guarantee against mismanagement — and filing detailed annual accountings with the court.

Most families petitioning for an aging parent request both. The court can combine or separate them depending on the circumstances, and it can appoint different people for each role when that serves the parent's interests.

Where to Get the Court Forms

Tennessee has no single statewide packet for conservatorship filings. Forms come from the individual county's probate court (or chancery court, depending on the county). Here's how to find them:

Davidson County (Nashville): Contact the Circuit Court Clerk's Probate Division. Some forms are available on the clerk's website.

Shelby County (Memphis): The Probate Court Clerk's office provides petition forms and filing instructions.

Knox County (Knoxville): Check the Chancery Court Clerk for conservatorship petition forms.

Other counties: Call the county circuit court clerk's office and ask for the conservatorship filing packet. Many smaller counties don't post forms online but will provide them in person or by mail.

Regardless of county, you'll need:

• Petition for appointment of conservator — identifies the respondent (your parent), describes their disability, names the proposed conservator, and lists known assets
• Report of Physician (Form 30-A) — completed by a licensed physician, psychologist, or senior psychological examiner who examined your parent within 90 days of filing
• Property management plan — filed after appointment, outlining how you'll manage the parent's assets
• Bond paperwork — if appointed conservator of the estate

What Happens After You File

The court process involves several required steps:

Personal service. Your parent must be personally served with notice of the petition, typically by a sheriff or process server. They have the right to appear, contest the petition, and request a jury trial.

Guardian ad Litem. The court appoints an independent attorney as GAL to investigate the case. The GAL visits your parent, reviews records, evaluates the proposed conservator, and files a recommendation with the court. GAL fees are typically $500–$2,000.

Attorney ad Litem. If your parent opposes the petition or the GAL recommends it, the court appoints an AAL as your parent's personal legal advocate. The statutory fee cap is $1,500 (T.C.A. § 34-1-133(f)).

Hearing. Both the petitioner and the parent must attend, unless a physician certifies the parent cannot. The court applies the "least restrictive alternative" standard, removing only the specific rights the parent cannot exercise — not a blanket transfer of all authority.

The Less Expensive Path Families Overlook

Conservatorship is a remedy for after capacity is lost. If your parent can still understand the basic concept of appointing someone to help manage their affairs — even with early-stage dementia or cognitive decline — they may still have the legal capacity to sign a Durable Financial Power of Attorney and Advance Directive for Health Care.

These two documents together accomplish what a conservatorship does, without court involvement, GAL fees, bond requirements, annual accountings, or public proceedings. The capacity threshold for signing a POA is not "perfectly sharp mind" — it's the ability to understand what the document does, who they're appointing, and the general scope of authority being granted.

The Tennessee Power of Attorney & Guardianship Kit walks families through both paths: the voluntary planning documents if capacity still exists, and the conservatorship process if it doesn't.

See more Tennessee guides →