Guardianship of a Grandchild or Minor in Tennessee
To become the guardian of a grandchild or another minor in Tennessee, you file a sworn petition asking a court to appoint you. Based on the child's best interests, the court looks first to the parents, then to anyone the parents named in a will or other written document, then to adult siblings, then to the closest relatives (Tenn. Code Ann. § 34-2-103). If appointed, you receive letters of guardianship, and the guardianship generally ends when the child turns 18.
What a guardian of a minor is
Tennessee law defines a guardian as a person appointed by the court to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor (§ 34-1-101). A minor is anyone under 18 who has not been emancipated. A court can appoint a guardian of either kind, or both:
Guardian of the person. Looks after the child: supervision, protection and assistance.
Guardian of the property. Manages money or property that belongs to the child, under a court-approved plan, usually with a bond and regular accountings (§ 34-2-105).
When does a child need a guardian?
Parents are the joint natural guardians of their minor children. If one parent dies or is incapable of acting, guardianship passes to the other parent (§ 34-1-102). A court guardianship comes into play when no parent can act for the child, or when a child owns money or property that has to be managed.
When a child inherits, no one may administer the child's property until the court issues letters of guardianship, unless the property is deposited with the clerk of the court (§ 34-1-104). If the child's total property is $25,000 or less, the court may instead order it delivered to the child's natural guardian or the person the child lives with, without a guardianship.
Who can file, and in which court
Any person who knows the circumstances that make a guardian necessary may file the petition (§ 34-2-102). It can be filed in the county where the child lives, where the parents live or, if the parents live apart, where the custodial parent lives (§ 34-2-101).
The case may be brought in a court exercising probate jurisdiction or another court of record in that county. A case asking only for a guardian of the person may also be brought in juvenile court. In Sumner County, probate matters are handled in Chancery Court in Gallatin.
What goes in the petition
The petition must be sworn, and it should include (§ 34-2-104):
The child's name, date of birth and address
Your information and relationship to the child
The proposed guardian, and their signed statement of willingness to serve if that is someone other than you
The child's closest relatives and current custodian
Why a guardian is needed
If property will be managed: the child's property and values, income, monthly expenses and a management plan
The guardian ad litem and the hearing
The court generally appoints a guardian ad litem, usually a Tennessee lawyer, within 10 days of filing (§ 34-1-107). The guardian ad litem works for the court, not for any party. They meet with the child, investigate and report whether a guardian is needed and whether you are the right person. If property is involved, they also review your financial capability, which may include your credit report. The court may waive the appointment in some cases, such as when a parent is a petitioner.
The hearing is generally held 7 to 60 days after the child is served or the guardian ad litem is appointed, whichever is later (§ 34-1-108). Once the order is entered, you take an oath and post any required bond, and your letters of guardianship are your proof of authority (§ 34-1-109).
Bond, inventory and accountings
A guardian of property generally must post a bond equal to the value of the child's personal property plus one year of expected income, renewed every year (§ 34-1-105). The court may excuse bond, with a written finding, in limited situations, including:
You are guardian of the person only
The child's property other than real estate is worth $10,000 or less
The will or document naming you excuses bond
Within 60 days after appointment, a guardian of property files a sworn inventory (§ 34-1-110). The first sworn accounting is due within 30 days after the six-month anniversary of the appointment, and accountings continue at least yearly, with bank statements attached (§ 34-1-111). The child's property generally cannot be sold without court approval (§ 34-1-116).
When the guardianship ends
A guardianship of the person ends when the child turns 18 (§ 34-2-106). A guardianship of the property also ends at 18, and the guardian then files a preliminary final accounting within 60 days. An interested person may ask the court to extend a guardianship of the property up to age 25, and carries the burden of showing why.
If the child has already been determined to be disabled, the guardian automatically continues as conservator at 18. See our conservatorship page.
A short-term option: power of attorney for care of a minor child
When a hardship prevents a parent from caring for a child, the parent can give an adult who lives in Tennessee temporary caregiving authority without going to court (§ 34-6-302). Hardships include a parent's serious illness or incarceration, or a condition that prevents care. The parent signs before a notary or two witnesses, and if both parents are living and have legal custody, both sign (§ 34-6-303).
The caregiver can enroll the child in school and obtain medical, dental and mental health treatment (§ 34-6-304). It does not give the caregiver legal custody, and a parent with legal custody can end it in writing (§§ 34-6-305, 34-6-306).
Name a guardian for your own children
If you are a parent, a person you designate in your will or another written document comes second in the court's order of preference, right after the parents (§ 34-2-103). Your document can also excuse bond, which the court may then waive (§ 34-1-105). The court still decides what is best for the child, but your choice matters. See our wills and trusts page and our estate planning overview.
Ready to Talk?
Call (615) 997-7618 to talk with Kylene Ross about guardianship of a minor in Sumner County or a nearby county. Our paralegal Cajun has 20 years of experience in probate, wills and estates. Prefer to write first? Send us a message and we are notified right away.
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