Guardianship Attorney Serving Franklin, Tennessee

Whether you’re considering becoming a guardian for a loved one or seeking legal advice for a guardianship issue, guardianship is rarely straightforward and can often feel overwhelming.

Guardianship involves one person being granted the legal authority to make decisions for another (such as a minor or incapacitated adult). These cases typically require strict adherence to legal, emotional, and financial requirements, which is why it's important to consult an experienced attorney who can help you make informed decisions at every step.

At Middle Tennessee Family Law, we have over a decade of experience in family law and provide affordable and effective legal representation. Serving families across Middle Tennessee, including Franklin, Murfreesboro, and Nashville, our firm is committed to delivering compassionate and skilled advocacy tailored to your specific needs. 

What Is Guardianship?

Guardianship is a legal arrangement in which the court grants an individual (the guardian) the authority to make decisions on behalf of another person (the ward) who is unable to make decisions for themselves. Some common reasons for establishing guardianship include age, disability, mental incapacity, or other health issues.  

The goal of guardianship is to make sure the ward's personal, medical, and financial needs are properly managed. It is often applied in cases involving minors, adults with special needs, or elderly individuals who can no longer handle their affairs. 

Becoming someone’s guardian is one of the most meaningful ways to protect and support them, but it also carries a significant responsibility. It typically requires meticulous paperwork, adherence to court regulations, and, occasionally, dealing with family conflicts.  

Types of Guardianship in Tennessee

Understanding the various types of guardianship available in Tennessee is critical for selecting the most suitable option. Each type serves a unique purpose and comes with its own set of responsibilities and legal considerations. 

Guardianship of a Minor  

When parents are unable to care for their child due to unforeseen circumstances, such as illness, incarceration, or death, a guardian may be required to step in. Tennessee law allows a relative, friend, or close associate to petition for guardianship.  

The guardian's responsibilities extend beyond meeting the child’s daily needs; they must also make sure the child receives proper medical care, a quality education, and support for their overall well-being. 

Guardianship of an Incapacitated Adult  

Also referred to as conservatorship in Tennessee, this type of guardianship applies to adults who are unable to manage their personal affairs due to physical or mental conditions. These cases often apply to elderly individuals with dementia or adults with developmental disabilities.  

A guardian or conservator may assume responsibilities such as managing finances, paying bills, overseeing investments, and making sure proper medical care is provided. Before guardianship can be granted, you will need to provide compelling evidence to the court documenting why guardianship is necessary. An experienced attorney, like Tiffany Johns, can help you collect the evidence you need and present it to the court.

How to File for Guardianship in Tennessee

Petitioning for guardianship usually begins by filing a petition with the court in the county where the ward resides. You must provide adequate documentation, certifications, and testimony supporting the need for guardianship.  While the specific steps may differ depending on your specific circumstances, the general steps for filing for guardianship in Tennessee include the following.

1. File a petition: A petition for guardianship must include details about the potential ward, their condition, and why guardianship is necessary. A medical professional may need to provide written documentation about the ward’s inability to manage their affairs.
   

2. Notify the interested parties: All interested parties, including family members and existing caregivers, must be informed about the petition. They will also have the opportunity to object or provide their feedback during the proceedings.
   

3. Attend a court hearing: A judge will evaluate the evidence to determine whether appointing a guardian is in the best interest of the ward. This includes reviewing medical records, financial information, and testimonies.
   

4. Appoint a guardian: Once the court determines that a guardian is necessary, it will issue an official order granting guardianship and specifying the responsibilities of the appointed guardian. Once appointed, guardians will be required to provide the court with periodic financial accounting updates.

Guardianship Laws in Tennessee

In Tennessee, guardianship laws are designed to protect the interests of the ward while providing the guardian with the necessary authority. The laws related to guardianship and conservatorship are governed by Tennessee Code Annotated (TCA) Title 34. Some key laws and regulations to be aware of include the following.

• Best interests of the ward: Tennessee courts prioritize the ward’s best interests above all else. This involves examining their medical, financial, and emotional needs. 
  

• Medical proof: In cases involving incapacitated adults, guardianship applicants are typically required to provide a written evaluation from a licensed medical professional, confirming the individual’s inability to make independent decisions. 
  

• Bond requirements: Guardians may be required to post a bond to make sure they fulfill their financial duties responsibly. 
  

• Periodic reporting: Appointed guardians are required to file periodic reports with the court regarding the ward’s condition and the management of their affairs. 
  

• Alternatives to guardianship: Tennessee law also encourages families to explore alternatives such as powers of attorney or trusts when applicable, to limit the degree of legal oversight required. 

If you or someone you know is considering filing for guardianship of a minor or family member, reach out to our experienced family law attorney today. We have years of experience handling guardianship and conservatorship cases, and we are committed to helping you pursue the outcome you want.