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What is a conservatorship in Tennessee, and how do you get one?

In Tennessee, a conservatorship is a court process that gives someone legal authority over an adult who cannot safely manage their finances, health care, or both, because of a disability. Any interested person can petition the chancery, circuit, or probate court where the respondent lives; the court must try less restrictive options first and requires medical evidence, a guardian ad litem, and a hearing before appointing a conservator.

By the Omliva team · Published September 28, 2026 · Updated September 28, 2026 · Sources checked September 28, 2026

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Omliva organizes practical information. This guide is general information for the United States, not legal, tax, financial or medical advice.

A short note before you start

This guide is general information, not legal, tax, financial, or medical advice. Tennessee conservatorship law is set out mainly in Title 34 of the Tennessee Code Annotated, but forms and filing fees vary by county, so confirm specifics with the local court clerk and an elder law attorney. For the steps that apply across states, see how do you get a conservatorship.

What is a conservatorship in Tennessee?

A conservatorship in Tennessee is a court proceeding that removes some or all decision-making authority from an adult found unable to manage their own affairs because of a disability, and places that authority with a court-appointed conservator. The adult is called the respondent before the hearing. Tennessee law defines a person with a disability as anyone 18 or older whom the court determines needs partial or full supervision, protection, and assistance because of mental illness, physical illness or injury, developmental disability, or another mental or physical incapacity. A conservatorship can cover the person (health care and living decisions), the property (money and assets), or both, depending on what the court finds is needed1.

Conservatorship, not guardianship, for adults in Tennessee

Tennessee's terminology trips up families who dealt with an adult protective proceeding elsewhere. Under Tennessee law, a guardian is appointed for a minor, while a conservator is appointed for an adult with a disability1. Other states sometimes use guardianship for both, so seeing that word used for an adult usually just reflects different state terminology.

Who can file, and who can serve as conservator?

Any person with knowledge of the circumstances making a conservatorship necessary may file the petition; it does not have to be a family member12. The court decides who serves after reviewing the petition, the guardian ad litem's report, and the respondent's own wishes where they can be expressed. A family member, friend, professional fiduciary, bank, or, as a last resort, the public guardianship program can be appointed.

What are the steps to get a conservatorship in Tennessee?

The steps below follow the order in Tennessee Code Annotated Title 34, Chapters 1 and 3. Each county's court runs the process locally, so exact forms and scheduling differ even though the statutory requirements are the same statewide.

Step What happens Tennessee Code citation
1. Check alternatives Confirm a power of attorney, representative payee, or other arrangement will not work, since the court must use the least restrictive option Section 34-1-127
2. File the petition File in the county where the respondent lives, stating facts supporting the need for a conservator and naming a proposed conservator Sections 34-3-101, 34-3-102, 34-3-104
3. Medical evidence Attach a sworn medical or psychological report from an exam within 90 days, or ask the court to order one Sections 34-3-104, 34-3-105
4. Guardian ad litem The court appoints an attorney to investigate the respondent's condition, finances, and the proposed conservator's suitability Section 34-1-107
5. Notice and rights The respondent is notified and has the right to a hearing, to present evidence, cross-examine witnesses, and an attorney ad litem Section 34-3-106
6. Hearing A judge decides, by clear and convincing evidence, whether the respondent is disabled and needs a conservator, and how much authority to remove Sections 34-1-126, 34-3-107
7. Qualification The conservator posts a bond if required and receives letters of conservatorship, the proof of authority banks ask for Sections 34-1-104, 34-1-105
8. Ongoing filings The conservator files a sworn inventory, then regular accountings, for as long as the case lasts Sections 34-1-110, 34-1-111

What does a conservatorship cost in Tennessee?

The filing fee is set locally and varies by county; confirm it with the clerk where you plan to file. Beyond that, expect the medical evaluation, the guardian ad litem's fee, attorney fees, and an annual bond premium. Guardian ad litem fees and other investigation expenses count as costs of the proceeding, which the court can assess against the respondent's estate, the petitioner, or both7. An uncontested case in Davidson County commonly costs a few thousand dollars once these pieces are added together, while a contested case can run into the tens of thousands19.

What rights does the respondent keep?

Tennessee law starts from the position that the respondent keeps every right of an adult without a disability, except the specific powers the court removes16. An order can be narrow, limited to a single bank account, or broad, covering most financial and personal decisions; the court must tailor it to what the evidence shows9. The respondent also keeps procedural rights: to demand a hearing, an attorney ad litem, presenting evidence and witnesses, cross-examining the petitioner's witnesses, and appealing the final decision15.

What happens after the court appoints a conservator?

Appointment is the start of an ongoing set of court obligations, not the end of the process.

Duty Deadline Tennessee Code citation
Post bond Before letters of conservatorship are issued, if required Section 34-1-105
File initial inventory Within 60 days of appointment Section 34-1-110
File first accounting Within 30 days of the six-month anniversary Section 34-1-111
File later accountings Every 12 months after the first accounting Section 34-1-111
File final accounting Within the period the court sets after termination Section 34-3-108

A conservator who misses a deadline without an approved extension can be charged with the estate's asset value, plus accruing interest, and the court can revoke their authority6.

Can a conservatorship be terminated or changed in Tennessee?

Yes. A court can terminate a conservatorship, or modify the conservator's duties, if it finds the respondent is no longer a person with a disability, that ending it serves the respondent's best interests, or that the conservator has failed to perform their duties or act in the respondent's best interest17. The respondent or any interested person acting on the respondent's behalf can petition for termination or modification at any time; if the respondent is the one asking, the request can be as informal as an oral statement or a letter to the court, rather than a full petition17. Once a conservatorship ends, the conservator has 120 days to file a preliminary final accounting covering everything received and paid out since the last accounting, and detailing the final distribution that closes the case17.

Are there emergency or temporary conservatorships in Tennessee?

Yes. If waiting for the full process would likely cause substantial harm to the respondent's health, safety, or welfare, and no one else is willing and able to act in their best interest, a court can appoint an emergency conservator. That appointment cannot last longer than 60 days and is limited to the powers the order describes. If made without advance notice, the respondent must be notified within 48 hours10.

What are the alternatives to conservatorship in Tennessee?

Because Tennessee courts must impose the least restrictive alternative available, rule these out first, ideally before a crisis9:

  • A durable power of attorney for finances and a health care agent appointment, signed while the person still has capacity. See power of attorney versus conservatorship.
  • A representative payee arrangement for Social Security or VA benefits, which manages those specific payments without a court case.
  • Tennessee's Public Guardianship for the Elderly program, for people 60 and older regardless of income, used as a last resort; it operates in all 95 counties through the local Area Agency on Aging and Disability18.

What should go in a family guide about a conservatorship?

If a conservatorship is in place, or may be needed, keep this where the family can find it:

  • The county and court where the case was filed, and the docket number
  • The conservator's name and contact information, and whether they cover the person, the property, or both
  • The guardian ad litem's and attorney's contact information
  • A copy of the letters of conservatorship
  • The bond company name and policy number, if a bond was posted
  • The accounting due dates and where accountings are filed
  • Any power of attorney or advance directive signed before the conservatorship, since it may still cover parts of a person's life the order does not

This is the kind of information a family guide, such as the one Omliva helps families build, keeps in one place. See letters of conservatorship for more on that document.

What mistakes do families commonly make?

  • Assuming another state's rules or terminology apply in Tennessee, rather than confirming against Tennessee Code Title 34 or the county court.
  • Filing without documenting why less restrictive options, like a power of attorney, will not work; courts must consider this first9.
  • Missing the 60-day inventory or six-month accounting deadline, which can bring interest charges or removal as conservator6.
  • Filing in the wrong county: the case belongs where the respondent lives, not the petitioner11.
  • Not budgeting for the guardian ad litem fee, medical evaluation, and bond premium on top of filing and attorney fees.

When to get professional help

Bring in an elder law attorney before filing if the case is likely contested, if the respondent owns property outside Tennessee, if the estate is complex, or if you are unsure whether a power of attorney or representative payee arrangement would work instead; see our conservatorship attorney guide for how to find and work with one. Get help immediately, rather than waiting for a scheduled hearing, if the situation meets Tennessee's standard for an emergency conservator, since that process moves in days.

Printable conservatorship checklist

Frequently asked questions

How much does a conservatorship cost in Tennessee?

The filing fee is set by the county, so it varies; check with the local court clerk for the current amount. Once you add the medical evaluation, the guardian ad litem's fee, attorney fees, and the bond premium, an uncontested case commonly runs to a few thousand dollars, and a contested case can reach tens of thousands19.

How long does it take to get a conservatorship in Tennessee?

There is no single statewide deadline. The timeline depends on the medical evaluation, the guardian ad litem investigation, the local court's docket, and whether the case is contested. An emergency conservator can be appointed within days but only lasts up to 60 days10.

What is the difference between conservatorship and guardianship in Tennessee?

In Tennessee, guardian refers to someone appointed over a minor, and conservator refers to someone appointed over an adult found to have a disability1. Other states sometimes use guardianship for both, which is a common source of confusion for families researching across state lines.

Who can file a petition for conservatorship in Tennessee?

Any person with knowledge of the circumstances making a conservatorship necessary can file, not only a spouse or child12. The petition must be filed in the county where the respondent lives11.

Can a power of attorney prevent the need for a conservatorship in Tennessee?

Often, yes, which is why Tennessee courts must consider less restrictive alternatives, including a durable power of attorney, before granting a conservatorship9. It has to be signed while the person still has legal capacity; once that capacity is gone, a conservatorship may be the only option left.

What happens if a conservator misses a required accounting?

The court can charge the conservator with the value of the estate's assets at the start of the accounting year, with interest accruing until a proper accounting is approved, and can revoke their authority and appoint someone else6.

Is there help if no family member can serve as conservator?

Tennessee's Public Guardianship for the Elderly program can serve as conservator for people 60 and older when no willing, able, or suitable family member, friend, bank, or corporation is available, at no cost to those who qualify and on a sliding scale for others18.

Can a conservatorship be terminated or reversed in Tennessee?

Yes. The court can end a conservatorship, or narrow the conservator's duties, if the respondent is no longer disabled, ending it serves their best interests, or the conservator is not doing the job properly. The respondent can ask at any time, even informally by letter, and any interested person can petition on their behalf17.

Sources

  1. Tennessee Code Annotated Section 34-1-101, law.justia.com: Definitions Checked 2026-09-25
  2. Tennessee Code Annotated Section 34-1-104, law.justia.com: Letters of guardianship or conservatorship Checked 2026-09-25
  3. Tennessee Code Annotated Section 34-1-105, law.justia.com: Bond Checked 2026-09-25
  4. Tennessee Code Annotated Section 34-1-107, law.justia.com: Guardian ad litem Checked 2026-09-25
  5. Tennessee Code Annotated Section 34-1-110, law.justia.com: Management of property, inventory, filing Checked 2026-09-25
  6. Tennessee Code Annotated Section 34-1-111, law.justia.com: Accounting with court, failure to account Checked 2026-09-25
  7. Tennessee Code Annotated Section 34-1-114, law.justia.com: Charging of costs of proceedings Checked 2026-09-25
  8. Tennessee Code Annotated Section 34-1-126, law.justia.com: Finding of disablement and need of assistance prerequisite for appointment of fiduciary Checked 2026-09-25
  9. Tennessee Code Annotated Section 34-1-127, law.justia.com: Least restrictive alternative to be imposed Checked 2026-09-25
  10. Tennessee Code Annotated Section 34-1-132, law.justia.com: Appointment of emergency guardian or conservator Checked 2026-09-25
  11. Tennessee Code Annotated Section 34-3-101, law.justia.com: Action for appointment of conservator, where brought Checked 2026-09-25
  12. Tennessee Code Annotated Section 34-3-102, law.justia.com: Petition for appointment of conservator, who may file Checked 2026-09-25
  13. Tennessee Code Annotated Section 34-3-104, law.justia.com: Petition for appointment, sworn, contents Checked 2026-09-25
  14. Tennessee Code Annotated Section 34-3-105, law.justia.com: Examination, physical, psychological or otherwise, of respondent Checked 2026-09-25
  15. Tennessee Code Annotated Section 34-3-106, law.justia.com: Rights of respondent Checked 2026-09-25
  16. Tennessee Code Annotated Section 34-3-107, law.justia.com: Where conservator needed, court order, consent Checked 2026-09-25
  17. Tennessee Code Annotated Section 34-3-108, law.justia.com: Discharge of conservator, modification of duties, termination, final accountings and distribution of assets Checked 2026-09-28
  18. Tennessee Department of Disability and Aging, tn.gov: Public Guardianship Checked 2026-09-25
  19. Collins Legal, collins.legal: Conservatorship in Tennessee: When It's Needed and How It Works Checked 2026-09-25