Tennessee Conservatorships: Secure Adults & Homes Today

What Is a Conservatorship in Tennessee?

A conservatorship is a court proceeding where a judge appoints a responsible person or entity (the conservator) to make decisions for an adult (the respondent) who is found to be unable to manage essential personal or financial affairs. The court can tailor the appointment to specific areas such as healthcare, living arrangements, finances, or property so only necessary rights are transferred. Tennessee law emphasizes limiting any removal of rights to what is required and using the least restrictive alternative that will adequately protect the person and property (see Tennessee State Courts — Conservatorships; Tenn. Code Ann. Title 34, chs. 1 & 3).

When a Conservatorship May Be Appropriate

A conservatorship may be considered when an adult cannot manage essential personal or financial affairs due to conditions such as cognitive impairment, developmental disability, serious mental illness, or brain injury. Courts should consider less restrictive alternatives first (for example, powers of attorney, supported decision-making, representative payees, or advance directives). If those are unavailable or insufficient, the court may grant a conservatorship limited to the areas where help is needed (see Tennessee State Courts; Tenn. Code Ann. Title 34).

Types of Conservatorships

• Conservator of the Person: Manages healthcare decisions, placement, and personal welfare.
• Conservator of the Property (Estate): Manages money, real estate, and assets; prepares inventories and accountings.
• Limited Conservatorship: Transfers only specific decision-making rights identified by the court.
• Emergency or Temporary Relief: Available when immediate action is needed to prevent substantial harm; courts may grant narrowly tailored interim powers until a full hearing can be held (see Tenn. Code Ann. Title 34).

Petition and Filing

A conservatorship begins with a petition filed in the appropriate Tennessee court, typically where the respondent resides or is found. The petition should state facts supporting the need for a conservator, identify proposed rights to be removed and assigned, and attach current medical or psychological evidence addressing the respondent’s decision-making limitations (see Tenn. Code Ann. Title 34, ch. 3). General civil filing procedures and local rules may also apply (see Tennessee Rules of Civil Procedure and check your county’s local rules).

Notice, Guardian ad Litem, and Medical Evidence

The court ensures due process by requiring notice to the respondent and interested parties. The court may appoint a guardian ad litem to investigate and report on the respondent’s circumstances and the suitability of the proposed conservator, and may also appoint an attorney for the respondent where appropriate. A recent medical report or sworn statement from a qualified professional is commonly required to address functional limitations and the necessity and scope of any conservatorship (see Tennessee State Courts; Tenn. Code Ann. Title 34).

The Hearing and Court Findings

At the hearing, the judge reviews evidence, hears testimony, and determines whether the respondent meets statutory criteria and which specific powers, if any, should be granted. If granted, the court issues an order and letters of conservatorship specifying the conservator’s authority and the rights retained by the respondent. The court must consider the least restrictive alternative and limit powers to what is proven necessary on the record (see Tennessee State Courts; Tenn. Code Ann. Title 34).

Protecting Homes and Property

If the court appoints a conservator of the property, the conservator must safeguard income and assets, pay bills, and manage real estate in the respondent’s best interest. Courts can require a bond and impose strict accounting duties. Selling, mortgaging, or otherwise disposing of real property generally requires specific court authorization to protect the respondent’s home and equity. Conservators must keep funds separate, avoid conflicts of interest, and follow court instructions for significant transactions (see Tenn. Code Ann. Title 34, chs. 1 & 3).

Oversight, Accountings, and Modifications

Courts supervise conservatorships. Conservators of property typically must file an initial inventory and periodic accountings, and conservators of the person may file status reports as directed. Interested parties can request reviews, modifications, or removal of a conservator if circumstances change or if less restrictive alternatives become sufficient. A conservatorship can be expanded, limited, or terminated if the respondent’s capacity improves or conditions change (see Tenn. Code Ann. Title 34).

Choosing a Conservator

The court focuses on who will act in the respondent’s best interest and who can carry out fiduciary duties. The court may consider family members, qualified private conservators, or public options. The proposed conservator’s background, relationship to the respondent, potential conflicts, and ability to manage personal and financial matters are key factors (see Tenn. Code Ann. Title 34).

Alternatives to Consider First

• Durable financial and healthcare powers of attorney
• Advance directives and living wills
• Supported decision-making agreements
• Representative payee arrangements for public benefits
• Trusts or limited financial controls

These tools may meet the person’s needs without court intervention (see Tennessee State Courts).

How Our Firm Can Help

We guide families through every step: evaluating alternatives, preparing petitions and evidence, protecting homes and assets, presenting cases at hearings, and handling ongoing reporting and court approvals for major decisions. We focus on tailored, least restrictive outcomes that preserve dignity and independence while ensuring safety. Schedule a consultation.

FAQ

Do I need a conservatorship if I already have a power of attorney?

Maybe not. If valid powers of attorney and other tools fully meet the person’s needs, courts should prefer those over a conservatorship.

How long does the process take?

Simple uncontested matters can take weeks; contested cases or those involving property sales can take months due to investigations, hearings, and required notices.

Can a conservatorship be limited?

Yes. Tennessee courts must use the least restrictive alternative and can tailor powers to specific needs.

Can the conservator sell the person’s home?

Only with specific court approval in most cases, and always in the person’s best interest.

How is the conservator supervised?

Through court orders, required inventories, periodic accountings, and possible status reports. Interested parties can request review or modification.

What if circumstances change?

Any interested party can ask the court to modify or terminate the conservatorship if capacity improves or less restrictive options become sufficient.

What does it cost?

Costs vary by county and complexity. There are filing fees, potential guardian ad litem fees, medical evaluation costs, and attorney fees. Some may be paid from the conservatorship estate with court approval.

Where can I learn more?

See Tennessee State Courts — Conservatorships and Justia — Tennessee Code Title 34.

Sources

• Tennessee State Courts — Conservatorships (overview and process)
• Tenn. Code Ann. Title 34 (Guardianship and Conservatorship) (statutory framework, including petitions, GAL, bonds, inventories/accountings, and property transactions)
• Tennessee Rules of Civil Procedure (general filing and service framework)
• Justia — Tennessee Code Title 34 (public access)