Tennessee Guardianship Laws: What Relatives Need to Know About T.C.A. Title 34

The Statute That Governs Minor Guardianship

Tennessee minor guardianship is governed by T.C.A. Title 34, Chapters 1 and 2. This is the law that covers appointing a guardian over a child's person, property, or both. It's separate from the custody statutes under Title 36 (domestic relations) and the juvenile code under Title 37 (dependency and neglect).

The distinction matters because each pathway leads to different courts, different procedural rules, and different ongoing obligations.

Which Court Handles Your Case

This is one of the most confusing parts of Tennessee guardianship law. The answer depends on what kind of authority you're seeking:

Guardianship of the person only — petition in juvenile court. This gives you legal authority over the child's daily life: where they live, go to school, and receive medical care.

Guardianship of the property, or person and property — file in a court exercising probate jurisdiction or any other court of record in the county where venue lies. This is necessary when you seek authority to manage the child's financial assets, such as an inheritance, settlement, or trust. Juvenile court may appoint a guardian of the person only.

In Davidson County, the Probate Division of Circuit Court handles probate guardianships. Knox County handles guardianships through Chancery Court, subject to its local rules for probate-estate matters. Shelby County has a Probate Court that handles guardianships. Check with the county clerk to confirm which court accepts a combined petition where you live.

Rural counties typically split the work between General Sessions Court sitting as Juvenile Court (person matters) and Chancery or Circuit Court (property matters).

What the Petition Must Contain

Under T.C.A. § 34-2-104, a guardianship petition must be verified (signed under oath) and include:

• The child's name, date of birth, and residence
• The names and addresses of all living parents and anyone with existing legal custody
• The grounds for the petition — why guardianship is needed
• Disclosure of all prior custody, divorce, or protective orders involving the child
• A UCCJEA declaration covering any custody proceedings in any state

The petition must also explain the proposed guardian's relationship to the child and include attachments like the child's birth certificate and, if applicable, death certificates for deceased parents.

Who Can File

Any person with knowledge of the circumstances may file a guardianship petition for a minor under T.C.A. § 34-2-102. You don't have to be a blood relative; under T.C.A. § 34-2-103, the court considers parents, persons they designate in writing, adult siblings, and closest relatives before other persons, subject to the child's best interests. Grandparents, aunts, uncles, and adult siblings are the most common petitioners.

The Parental Rights Threshold

Tennessee law gives parents a constitutional presumption of superior rights. In In re Guardianship of Taylour L., the Court of Appeals held that when a parent and non-parent compete to appoint a minor's guardian, the court must find substantial harm before considering the child's best interests. In a contested custody case, Blair v. Badenhope applies that threshold and requires clear and convincing evidence.

If parents consent to the guardianship, this threshold doesn't apply — but even a consenting parent retains the right to withdraw consent before the judge signs the final order.

Ongoing Obligations After Appointment

A guardianship doesn't end at the hearing. Guardians of property must file an inventory of the child's assets within 60 days and an initial accounting within 30 days after the first six months of appointment. Later accountings are generally due within 60 days after each anniversary, unless the court waives them. A bond is generally required in an amount equal to the fair market value of personal property plus one year's anticipated income from all property, including real estate, unless the court excuses it under T.C.A. § 34-1-105.

Guardianship generally terminates when the child turns 18. An interested person may petition to continue a guardianship of the child's estate, but not beyond the child's 25th birthday. A replacement guardian does not take over automatically; a custodial parent may petition in advance for a standby fiduciary, or an interested person may petition the court for a new appointment.

The Guardianship and Custody for Grandparents and Relatives in Tennessee guide covers every statutory requirement in plain language, with worksheets for tracking deadlines, court filings, and post-order duties.

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