A conservatorship in Tennessee is a court-ordered arrangement that gives an appointed person authority to make personal or financial decisions for an adult who can no longer make them due to a disability. Because it removes fundamental rights from the person under conservatorship, Tennessee courts require clear and convincing evidence of incapacity and insist the arrangement be as narrow as the person’s actual limitations. Getting one involves a sworn petition, a guardian ad litem investigation, a hearing, and ongoing court supervision for as long as the conservatorship lasts.
Who Qualifies for a Conservatorship
Tennessee law applies to adults 18 or older whom a court finds need supervision, protection, or assistance because of mental illness, physical illness or injury, developmental disability, or another mental or physical incapacity.1Justia. Tennessee Code 34-1-101 – Chapter 1-3 Definitions A diagnosis alone isn’t enough. The petitioner has to show, by clear and convincing evidence, that the person actually cannot make or communicate responsible decisions and that no less restrictive option will protect them.
Medical evidence carries the most weight. A sworn examination report from a licensed physician or, when appropriate, a psychologist must accompany the petition, and it should describe specific functional limitations rather than just name a condition. If the evidence is thin or contested, the court can order an independent evaluation.
The guiding principle running through every stage is the “least restrictive alternative.” If someone can handle healthcare decisions but not money, the order should be limited to finances. Powers the evidence doesn’t justify removing stay with the person.
Alternatives Courts Expect You to Consider First
Because a conservatorship strips away legal rights, Tennessee courts want to see that petitioners have thought about less intrusive options. Sometimes one of these is enough on its own.
- A durable power of attorney lets a person who still has capacity name someone to handle finances, healthcare, or both. It’s private, requires no court involvement, and lets the person choose their own agent. But it has to be signed while capacity remains. Once capacity is gone, the window has closed.
- If the person’s income comes mainly from Social Security, the Social Security Administration can appoint a representative payee to manage those benefits. A conservator does not automatically become the payee; the SSA runs its own process.2Social Security Administration. Frequently Asked Questions for Representative Payees
- Supported decision-making lets the person keep final authority while trusted supporters help them understand and weigh choices. Tennessee has no formal statute for it, so banks and hospitals may not honor an informal arrangement.
When none of these will adequately protect the person, a conservatorship becomes necessary.
Filing the Petition
A case begins with a sworn petition filed in the court exercising probate jurisdiction in the county where the person with the alleged disability lives.3Justia. Tennessee Code 34-3-101 – Action for Appointment of Conservator – Where Brought The requirements are detailed. The petition has to identify the respondent, describe the nature of the alleged disability and the facts supporting the need for a conservator, and identify the petitioner and proposed conservator with their addresses, relationships, and any criminal history. The proposed conservator has to sign a statement acknowledging the petition and their willingness to serve, and the filing must include searches of the state’s registry of persons who have abused or neglected vulnerable adults and the national sex offender registry.
The petition also lists the respondent’s spouse, adult children, parents, and siblings (or states that none are living), and specifies which decision-making rights the petitioner wants transferred to the conservator. If the conservator would manage property, the petition includes an inventory of assets, approximate fair market values, income sources, and known liabilities.4FindLaw. Tennessee Code Title 34 Guardianship 34-3-104 Medical evidence gets attached in the form of a sworn examination report, a statement that one is coming, or a request that the court order the respondent to submit to examination.
Filing fees vary by county but run roughly $335 to $345 in Tennessee’s larger counties.5Davidson County Circuit Court Clerk. Probate Court Filing Fees Effective January 1, 20266Shelby County Government. Shelby County Probate Court Filing Fees Effective January 1, 2026 Courts can waive the fee for people who can’t afford it.
Notice
The respondent has to be personally served with the petition and hearing notice. Copies also go to the closest living relatives listed in the petition and to any person or facility with care and custody of the respondent. Proof of service must be filed before the hearing proceeds, and defective notice can delay or dismiss the case entirely. If the respondent cannot understand the notice, the guardian ad litem has a duty to explain it in language they can follow.7Justia. Tennessee Code 34-1-107 – Guardian Ad Litem
The Guardian Ad Litem and the Hearing
Within ten days of filing, the court appoints a guardian ad litem, ordinarily an attorney licensed in Tennessee.7Justia. Tennessee Code 34-1-107 – Guardian Ad Litem The guardian ad litem is not the respondent’s advocate. They are an independent agent of the court, and their job is to investigate and report back. They interview the respondent in person, explain the petition and the proceedings, investigate the respondent’s capabilities, review the medical examination, and file a written report recommending whether a conservator should be appointed and whether the proposed conservator is the right choice.
If the respondent objects to the conservatorship, the court appoints an attorney ad litem to advocate for them. That’s a different role: the attorney ad litem works for the respondent and actively contests the petition.
At the hearing, the judge reviews the petition, the medical examination, and the guardian ad litem’s report. The petitioner has to prove by clear and convincing evidence, a higher bar than the usual civil standard, that the respondent has a disability and that the disability actually prevents responsible decision-making in specific areas. If the court grants the conservatorship, the order names exactly which powers move to the conservator. Anything not specifically removed stays with the respondent.
Emergency Conservatorship
When waiting for the regular process would put the person in immediate danger, a court can appoint an emergency conservator. The standard is strict: the court must find that following normal procedures will likely cause substantial harm to the respondent’s health, safety, or welfare, and that no one else with authority (like a healthcare agent) is willing and able to act.8Justia. Tennessee Code 34-1-132 – Appointment of Emergency Guardian or Conservator
An emergency conservatorship lasts no more than 60 days, carries only the specific powers the court grants, and requires immediate appointment of an attorney ad litem for the respondent. Usually the respondent gets reasonable notice before the emergency hearing. If even that delay would cause substantial harm, the court can act without prior notice, but the respondent must be notified within 48 hours, and a hearing must follow within five days.8Justia. Tennessee Code 34-1-132 – Appointment of Emergency Guardian or Conservator An emergency appointment doesn’t decide the question of long-term capacity. A separate petition and the full process are still required for a permanent conservatorship.
What the Conservator Can Do, and What the Person Keeps
Rights the court may consider transferring include voting, disposing of property, signing contracts, making purchases, holding a driver’s license, and consenting to or refusing medical treatment. Each right stands on its own and must be individually justified by the evidence. If the record only supports removing financial authority, the court cannot also strip healthcare decisions, choice of residence, or the right to receive visitors.
The practical result is that a limited conservatorship might leave the respondent free to make medical choices, decide where to live, and maintain relationships, while the conservator handles investment accounts and bill payments. The scope depends entirely on what the evidence shows the person cannot do.
Conservator of the Person
A conservator of the person handles healthcare, living arrangements, and daily welfare. Decisions should follow the respondent’s known wishes where possible; where those wishes are unknown, the conservator acts in the respondent’s best interest.
Conservator of the Estate
A conservator of the estate manages money, property, and financial obligations. Within 60 days of appointment, they must file a sworn inventory listing every asset, its approximate fair market value, and every source of income, including pensions and Social Security benefits.9Justia. Tennessee Code 34-1-110 – Management of Property – Inventory – Filing – Failure to File or Appear – Revocation of Authority A property management plan goes to the court too. Major moves like selling real estate or making large expenditures require court approval before the conservator acts. The conservator is a fiduciary: every financial decision has to prioritize the respondent’s interests over anyone else’s, and mismanagement can bring removal, personal liability, or both.
Bond and Financial Safeguards
Tennessee generally requires a conservator of the estate to post a fiduciary bond, renewed annually and adjusted as the estate changes in value. The court can waive the bond in limited situations, including when the conservator is an already-exempt financial institution, when the respondent’s non-real-estate assets total less than $10,000 and the savings outweigh the risk, when the respondent’s own documents excuse it, or when the assets sit with a financial institution that agrees not to release principal without court approval.
What a Conservatorship Costs
Conservatorship is not cheap, and most costs come out of the respondent’s own estate. The conservator can pay medical examination fees, guardian ad litem fees, bond premiums, court costs, attorney fees, tax preparation, and investment management fees from the respondent’s property, though attorney and guardian ad litem fees need court approval first.
Beyond the filing fee, the main expenses are:
- Attorney fees, usually billed hourly. A straightforward uncontested case may total a few thousand dollars. Contested cases with family disputes or complex assets run much higher.
- Guardian ad litem fees for investigation and reporting, billed against the estate subject to court approval.
- Bond premiums, typically ranging from about 0.5% to several percent of the bond amount depending on the estate size and the conservator’s financial profile.
- Ongoing annual accounting and filing costs for the life of the conservatorship.
For small estates, these expenses can eat a meaningful share of the respondent’s resources, which is another reason courts push toward less restrictive options when they will work.
Ongoing Court Oversight
The court doesn’t walk away after appointment. Conservators of the estate file annual accountings showing income received, expenses paid, and changes in assets. The clerk reviews them, and discrepancies can trigger investigation. Failing to file the required inventory or accountings can cost the conservator their authority.9Justia. Tennessee Code 34-1-110 – Management of Property – Inventory – Filing – Failure to File or Appear – Revocation of Authority
Conservators of the person may face periodic status reports on the respondent’s well-being, treatment, and living conditions. Judges can call review hearings at any time. Any interested party can petition the court if they believe the conservator is failing, and the court can appoint an investigator or order an independent evaluation when concerns of exploitation or neglect arise.
Federal Follow-Ups the Court Order Doesn’t Cover
A Tennessee court order appointing you conservator doesn’t automatically give you authority with federal agencies. Several separate steps usually follow.
A conservator who manages finances should file IRS Form 56, “Notice Concerning Fiduciary Relationship,” to notify the IRS of the fiduciary relationship.10Internal Revenue Service. About Form 56, Notice Concerning Fiduciary Relationship The IRS may require a copy of the appointment order. Once established, the fiduciary can deal with the IRS on the respondent’s tax matters, including signing returns.11eCFR. 26 CFR 601.503 – Requirements of Power of Attorney, Signatures, Fiduciaries and Commissioners Authority to Substitute Other Requirements
If the respondent gets Social Security, the conservator has to apply separately to the SSA to serve as representative payee. The court order alone doesn’t confer authority over Social Security funds; the SSA runs its own process and makes its own choice.2Social Security Administration. Frequently Asked Questions for Representative Payees
For a respondent receiving VA benefits, the Department of Veterans Affairs runs its own fiduciary program. It considers a court-appointed conservator as one candidate but conducts its own investigation, including credit and criminal background checks, before appointing anyone. Lump-sum VA benefits are withheld until a VA fiduciary is appointed and, if required, has posted a surety bond.12eCFR. 38 CFR 13.100 – Fiduciary Appointments
Changing or Ending a Conservatorship
Conservatorship is not permanent by default. The respondent, the conservator, or any interested party can petition for modification or termination when circumstances change.
If the respondent’s condition improves, they can petition for restoration of their rights. The standard for termination is lower than the one for creation: a preponderance of the evidence, meaning more likely than not, rather than clear and convincing. The court looks at whether the person is no longer disabled or whether termination serves their best interests. Partial improvement can justify a modified order that restores some rights while keeping oversight in others.
Courts can also replace a conservator who is not performing. Grounds include financial mismanagement, failure to file required accountings, and actions that harm the respondent. An interested party can move for removal, and the court will evaluate the claims before appointing a replacement or adjusting powers.
A conservatorship terminates automatically when the respondent dies. After termination for any reason, the conservator files a preliminary final accounting within 120 days covering all assets, receipts, and disbursements since the last accounting, along with the proposed final distribution. If no objections are filed within 30 days after the clerk’s review, the conservator distributes the remaining assets according to the respondent’s estate plan or Tennessee probate law.