Best Guardianship Lawyers in Tennessee

About Guardianship Law in Tennessee, United States

Guardianship in Tennessee is a legal arrangement where a court appoints an individual or organization to care for and make decisions on behalf of someone who is unable to do so themselves. This someone may be a minor without suitable parental care or an adult who cannot manage their own affairs due to incapacity or disability. Guardianship is meant to protect those who are vulnerable, ensuring their personal well-being and financial interests are appropriately managed. Tennessee courts are guided by state laws intended to uphold the best interests of those who need guardianship, while also respecting their rights and independence as much as possible.

Why You May Need a Lawyer

Legal help is often necessary when dealing with guardianship due to the complexity and seriousness of these matters. Some common situations where a lawyer’s guidance can be crucial include:

- Filing a guardianship petition for a minor after the death or incapacity of their parents - Establishing guardianship over an elderly adult with cognitive decline or dementia - Disputes between family members about who should be appointed as a guardian - Contested guardianship hearings or objections from interested parties - Navigating the responsibilities and legal obligations of an appointed guardian - Handling annual reporting and accounting requirements for a ward’s assets - Seeking termination or modification of an existing guardianship

Because guardianship has significant and lasting impacts, having a knowledgeable lawyer helps ensure the process is handled correctly, protects all parties’ rights, and avoids costly mistakes or delays.

Local Laws Overview

Tennessee’s guardianship laws are primarily found in Title 34 of the Tennessee Code Annotated. Key aspects include:

- Guardianship can be established for both minors (those under eighteen) and adults who are found to be incapacitated. - Courts seek the least restrictive alternative, only granting guardianship when no appropriate substitute is available. - Anyone concerned about an individual’s well-being may file a petition for guardianship in the appropriate county court. - The court must be convinced that the proposed ward cannot safely make their own decisions. - There are procedural safeguards, such as notice to interested parties and mandatory hearings, to ensure fairness. - Once appointed, a guardian is subject to court oversight and must file periodic reports. - Tennessee recognizes both guardianship of the person (health and welfare decisions) and guardianship of the property (financial management).

Frequently Asked Questions

What is the difference between guardianship and conservatorship in Tennessee?

In Tennessee, guardianship generally refers to the care of minors, while conservatorship applies to adults who are incapacitated. Both grant authority to make decisions on behalf of another, but the terminology usually differs based on the age of the individual needing help.

Who can serve as a guardian in Tennessee?

A guardian can be a family member, friend, or a third party such as a professional guardian. The court prioritizes individuals with a close relationship to the ward, but will appoint the person best suited to act in the ward’s best interests.

How do I start the guardianship process?

You must file a petition with the Chancery or Probate Court in the county where the potential ward resides. The process includes submitting detailed information about the ward’s condition and notifying interested parties.

Is guardianship permanent?

Guardianship is not necessarily permanent. It can end if the ward’s situation changes, if the court finds it is no longer needed, or if the guardian is unable to serve.

Can a guardian make all decisions for the ward?

A guardian’s authority is limited to those powers granted by the court. Tennessee law requires the court to tailor guardianships to allow the ward to retain as much independence as possible.

Do guardians have reporting requirements?

Yes. Guardians in Tennessee are required to submit initial and annual reports detailing the ward’s condition, finances, and any significant decisions or changes.

How does the court determine incapacity?

The court reviews evidence such as medical evaluations, testimony from social workers, and information from loved ones to determine if a person is incapacitated and unable to make their own decisions.

What rights does a ward retain after guardianship is established?

Wards have the right to participate in decisions as much as possible, to be treated with respect and dignity, and to request changes to the guardianship arrangement if circumstances warrant.

Can someone contest a guardianship petition?

Yes. Interested parties can contest the need for guardianship, the choice of guardian, or any aspect of the process. The court will consider all objections before making a decision.

How much does it cost to establish guardianship?

Costs vary depending on the complexity of the case and whether it is contested. Typical expenses include court filing fees, attorney’s fees, and costs for required medical or psychological evaluations.

Additional Resources

- Tennessee Department of Human Services - Adult Protective Services: Offers information and support for adults who may need a guardian. - Tennessee Courts: Local Chancery and Probate Courts process guardianship and conservatorship cases. - Legal Aid of Tennessee: Provides free or reduced-cost legal help for eligible individuals. - Tennessee Commission on Aging and Disability: Offers resources and referrals for elder care issues. - Disability Rights Tennessee: Advocates for the rights of those with disabilities, including protection from unnecessary guardianship.

Next Steps

If you believe you need legal assistance with a guardianship matter in Tennessee, consider the following steps:

1. Gather relevant information regarding the individual who may need a guardian, such as medical records, financial information, and a list of potential family members.

2. Contact your local court or a legal aid organization for general information about the process.

3. Consult with an experienced attorney who specializes in guardianship or elder law in Tennessee. An attorney can explain your options, guide you through required paperwork, and advocate for your interests in court.

4. Prepare to attend any required court hearings and be ready to provide testimony or evidence regarding the need for guardianship.

5. If you are appointed as a guardian, make sure to understand your ongoing legal responsibilities, including regular reporting and acting in the best interests of the ward.

Taking these steps can help ensure a smoother guardianship process in Tennessee, with appropriate legal protections for everyone involved.