When someone, a child or an adult, can’t fully manage their own personal or financial affairs, Tennessee law provides two legal tools to help: guardianship and conservatorship. People often use these words interchangeably, but in Tennessee, they actually mean different things and apply to different situations. This guide breaks down what each one is, how they differ, and the basic legal concepts and responsibilities involved.
This guide is part of our broader guide to family law in Tennessee, and connects closely with our guide to estate planning in Tennessee, since planning ahead with the right documents can sometimes prevent the need for either one.
Have questions about guardianship or conservatorship? Call us at (931)245-5060 and we’ll help you understand your options.
In Tennessee, guardianship generally applies to minors, children under 18 who need someone other than a parent to legally care for them or manage their affairs. This often occurs when a parent has died, become incapacitated, or is otherwise unable to care for the child, and a court appoints a guardian to step into that role. A guardian can be given authority over the child’s personal welfare, their property (like an inheritance or a settlement), or both, depending on the situation.
Conservatorship applies to adults who a court has determined unable to manage their own personal affairs, financial affairs, or both. Often due to a mental or physical condition, illness, injury, or the effects of aging. The court appoints a conservator to step in and make those decisions on their behalf. Conservatorships can be full (covering nearly all major decisions) or limited (covering only specific areas). Tennessee law generally requires the court to consider the least restrictive option that fully meets the person’s needs, rather than defaulting to a full conservatorship.
The core distinction comes down to who each one applies to.
Guardianship is for minors. Conservatorship is for adults who’ve been determined to need assistance managing their affairs.
Guardianship often occurs because a parent has died, become unable to care for the child, or is otherwise absent. Conservatorship occurs when an adult’s own capacity has become genuinely impaired.
Tennessee law is specific about this: the person appointed on behalf of a minor is called a “guardian,” while the person appointed for an incapacitated adult is called a “conservator.”
Guardianship for a minor generally ends when the child turns 18 (or otherwise becomes legally emancipated). Conservatorship for an adult generally continues until the person’s capacity is restored, passes away, or a court otherwise terminates it.
Both can cover personal welfare, financial matters, or both, but the underlying legal standards and processes for establishing each are different.
When a minor needs a guardian, here’s generally how the process works.
A petition gets filed with the appropriate court, often a Chancery, Probate, or Juvenile Court depending on the county and circumstances.
Interested parties get notice, including any living parents and often close relatives.
The court determines whether guardianship is actually necessary, and who’s suitable to serve in that role, based on the child’s best interests.
Once appointed, the guardian takes on specific responsibilities, which can include the child’s day-to-day care, decisions about their upbringing, managing property or money that belongs to the child.
Guardians of a minor’s property are typically required to report to the court, including providing an accounting of how the child’s money or assets are being managed.
What Are the Requirements for Conservatorship in Tennessee? Establishing a conservatorship in Tennessee generally involves several specific steps and requirements.
Generally supported by medical or psychological documentation showing the person (the “respondent”) is unable to manage their personal or financial affairs.
An independent attorney tasked with investigating the situation and reporting back to the court on their opinion of what is in the respondent’s best interests.
The respondent has to receive notice and a hearing — they’re entitled to know about the petition and have a chance to be heard before a conservatorship is granted.
The court has to find the respondent is genuinely unable to manage their affairs, based on evidence, not only on a family member’s opinion or general concern.
The court has to consider less restrictive alternatives before imposing a full conservatorship, such as a limited conservatorship covering only specific areas of need.
Once appointed, a conservator generally has ongoing obligations, including filing an inventory of the respondent’s assets and providing periodic accountings to the court. A bond may be required.
There’s no fixed statewide price tag, costs vary significantly depending on the county, the complexity of the case, and whether the petition is contested. Generally, expect a combination of:
Court filing fees.
Attorney’s fees for the person filing the petition.
Guardian ad litem fees, which are often paid out of the respondent’s estate, or by the petitioner if the respondent doesn’t have sufficient assets.
Medical or psychological evaluation costs, needed to document the respondent’s condition.
Bond premiums, if the court requires a bond.
Ongoing costs, including attorney or accounting fees associated with the conservator’s periodic reporting obligations.
Because these costs add up differently depending on the situation, it’s worth talking to an attorney for an estimate specific to your circumstances.
If someone has filed a petition seeking to become your conservator, you have rights in that process. These protections exist because a conservatorship can significantly limit someone’s legal independence, and Tennessee law is built to make sure that only happens when it’s genuinely necessary, and no more broadly than it needs to be.
Receive notice of the petition and the scheduled hearing.
Be represented by an attorney, and to have one appointed if you can’t afford one.
Be present at the hearing, unless you’re medically unable to attend.
Have an independent evaluation of your actual capacity, rather than relying solely on the petitioner’s characterization.
Have a guardian ad litem investigate the situation and report to the court.
Contest the petition, presenting your own evidence and challenging the evidence against you.
Have the court consider less restrictive alternatives before imposing a full conservatorship.
Keep any rights the court doesn’t specifically remove, a conservatorship isn’t necessarily all-or-nothing.
Request a review of the conservatorship later, including seeking to have it modified or ended if your circumstances or capacity change.
Serving as a guardian or conservator comes with legal obligations. Generally, this includes:
Acting in the ward’s best interests, not the guardian or conservator’s own convenience or preferences.
Managing any finances responsibly, keeping personal and the ward’s assets clearly separate.
Providing regular accounts to the court, documenting how money and property are being managed.
Considering the person’s own known wishes and values when making decisions, where possible.
Avoiding conflicts of interest or self-dealing, such as using the ward’s assets for the guardian or conservator’s own benefit.
Seeking court approval for major decisions, particularly significant financial transactions or major medical decisions.
Because conservatorship and guardianship can significantly limit someone’s independence, it’s always worth considering whether a less restrictive option would suffice.
Letting someone manage financial matters without a full conservatorship.
Addressing medical decision-making in advance.
Where someone receives help understanding and communicating their own decisions, rather than having decisions made for them.
For managing specific government benefits without a full conservatorship over all assets.
Which can provide for someone’s financial needs and management without the same level of court involvement.
Our guide to estate planning in Tennessee covers these tools in more detail, and setting them up in advance is often a great way to avoid needing a conservatorship down the road.
Here’s roughly how the process unfolds, step by step.
This includes supporting documentation, medical evidence for a conservatorship, or relevant circumstances for a guardianship.
This independent attorney looks into the situation and reports back on what they feel is appropriate.
This includes the respondent (for a conservatorship) or relevant family members (for a guardianship).
The court reviews the evidence, including the guardian ad litem’s findings, and hears from all sides.
If granted, the court’s order specifies exactly what authority the guardian or conservator has, and what, if anything, the ward retains.
This includes any required initial inventory of assets.
Guardians and conservators generally have to provide periodic updates or accountings to the court for as long as the arrangement remains in place.
Guardianship and conservatorship often connect to broader estate planning and family law topics.
Tools that can help avoid the need for conservatorship later →
Planning ahead for incapacity →
Planning ahead for incapacity →
Often the tool that helps avoid conservatorship →
These cases involve someone’s fundamental independence, and they deserve careful, respectful handling on every side. At Dahl Family Law, we bring:
A clear understanding of the real differences between guardianship and conservatorship, and how Tennessee courts apply each.
Compassionate representation whether you’re petitioning for a loved one or defending your own rights as a respondent.
Careful attention to less restrictive alternatives before moving to a full conservatorship.
Ongoing support for guardians and conservators navigating their reporting obligations.
Yes. Tennessee allows for limited conservatorships that address only the specific areas where someone genuinely needs assistance, rather than covering every aspect of their life.
Yes. If the person's capacity improves, or circumstances otherwise change, they (or someone on their behalf) can petition the court to modify or terminate the conservatorship.
Often a family member, but it can also be a trusted friend or, in some cases, a professional fiduciary, especially when family members aren't available or appropriate for the role.
It depends on the scope of the conservatorship. A full conservatorship can significantly limit someone's legal independence, while a limited conservatorship leaves them with authority over anything not specifically addressed by the court's order.
Whether you’re seeking to protect a loved one or trying to understand and protect your own rights, these are serious matters that deserve careful, honest guidance.
Dahl Family Law provides representation in a wide range of family law matters, including:
This guide is intended for general informational purposes only and does not constitute legal advice. Guardianship and conservatorship matters are fact-specific, and outcomes depend on the details of your situation. Please consult with a licensed Tennessee attorney regarding your specific circumstances.
