How to Terminate Guardianship in Tennessee

How Guardianship of a Minor Ends

Under T.C.A. § 34-2-106(a), guardianship of a minor's person generally terminates when the child reaches age 18. No petition or court hearing is needed — the guardianship terminates by operation of law.

Property guardianships follow a slightly different rule. An interested person may petition to continue an estate guardianship no more than 90 days before the minor turns 18 and no later than the preliminary final accounting. The court considers the person's best interests and ability to manage the property; any continuation ends no later than age 25. If you are managing a child's assets, confirm with the court whether your duties end at 18 or extend further.

Early Termination by Court Order

A guardianship can end before the child turns 18, but only by court order. Neither the guardian nor a parent can unilaterally dissolve a judicial guardianship the way a parent can revoke a power of attorney.

Someone must file a petition asking the court to terminate the guardianship. The petition is filed in the same court that issued the original order. Valid reasons include the guardian's inability to continue serving, the child's circumstances no longer requiring a guardian, or a parent's successful petition to restore custody.

Can a Parent Take Back Custody?

Yes — biological parents retain the right to petition for custody restoration after a valid order grants custody to a non-parent. Under Blair v. Badenhope (77 S.W.3d 137), the parent must show a material change in circumstances that makes a change in custody in the child's best interests.

The parent must show evidence of a material change that makes a custody change serve the child's best interests. Simply wanting the child back is not enough by itself; the court looks at evidence of changed circumstances and the child's welfare.

The court applies the best-interest factors in T.C.A. § 36-6-106 to decide whether custody should change.

When the Guardian Dies

A guardianship does not automatically transfer to another relative if the guardian dies. A standby fiduciary may be appointed by the court to take the guardian's place temporarily or permanently; the court must enter an order authorizing the standby fiduciary to act. If no standby fiduciary was appointed, another guardian must be appointed by court order. If the child's parents are still living, they may petition for custody restoration at the same time.

What Termination Does Not Do

Ending a guardianship does not erase the order from the record. It also does not automatically resolve related matters like child support obligations, benefit enrollments, or school registrations that were set up under the guardianship. You may need to notify TennCare, the child's school, doctors, and any benefits offices that the guardianship has ended and custody has transferred.

If you were a property guardian, the court will require a final accounting of all assets before discharging you from the role.

Getting Through the Process

Whether you are a guardian who needs to step down, a parent seeking to restore custody, or a relative wondering what happens when a guardianship expires, the Tennessee Guardianship and Custody Court Process Guide covers each termination scenario with the procedural steps and documentation you will need.

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