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Tennessee Guardianship Law


Guardianship describes the legal, established obligation of an adult to care for a minor or an adult that is otherwise unable to care for themselves or make rational decisions on the health, financial and personal matters.  The limitations on Tennessee guardianship law might require a separate Conservator to deal with financial issues for the protected person, but ultimately, the extent of the arrangement under TN guardianship law is limited to the judge’s decision and the limited ability of the protected person to maintain some essential functioning.

What is public guardianship under TN guardianship law?

Public guardianship is an aspect of Tennessee guardianship law that allows some senior citizens to rely on public conservators for assistance in making decisions related to their affairs.  Those that are enrolled in public guardianship under TN guardianship law will have not relatives, friends or financial institutions willing to act on their behalf.  

Obligations of a guardian under TN guardianship law

Though this is subject to the decision made in court, the guardian would be tasked with making decisions on medical treatment, standard of care, daily activities and nursing services, as needed.  Financial decisions are typically limited to a conservatorship, but power of the estate can be had if power of attorney had been granted prior to the ward becoming incapacitated or conservatorship status has also been awarded to the guardian under Tennessee guardianship law.  There is guardianship for children too and Tennessee guardianship law allows for relatives with physical custody of the children to apply to become permanent guardians in the event the parents are found unsuitable.  These guardians would make decisions on parenting, medical care and schooling as well as other major decisions a parent would typically be tasked with.

Requirements for guardianship under TN guardianship law

Under TN guardianship law, the guardian of a minor must be found emotionally, mentally, physically and financially capable to taking care of the child.  The home the child will be in will be a permanent one and that the guardianship relationship lasts until the child is 18.  This is extended to 19 for juvenile delinquents.  There might also be obligations to accommodate the rights of the birth parents for visitation and contact and this right will be established in court.

Can guardianships be revised under TN guardianship law?

According to Tennessee guardianship law, these arrangements can be revised under limited situations.  The court, state, birth parent, child older than 16 or the guardian are all able to request a change, but the change must be due to a change in material circumstances.  All modifications need to be in the best interests of the child under Tennessee guardianship laws.

Do I need an attorney to interpret Tennessee guardianship laws?

You might consider a Tennessee guardianship law attorney when establishing a guardianship, if there is opposition and threats from parents, relatives or friends of the protected person.  The Tennessee guardianship law attorney will help you to determine possible weaknesses to the claim of guardianship and help you work to establish the arrangement that best works with your ability, financial and otherwise, to care for the protected person.

Does the protected person have a say under Tennessee guardianship laws?

The protected person is able to demonstrate that thy can maintain some parts of independence and functioning to limit a guardianship agreement.  If they are judged sufficiently capable to make decisions, then Tennessee guardianship law allow them to request certain individuals be appointed guardian.  This would be instances where the physical rather than mental ability of the protected person is impaired.  Tennessee guardianship laws generally provide for those that no long have the mental ability to make decisions, but this can also be provided to those that are able to make their own day-to-day decisions, but might assistance from a guardian appointed under Tennessee guardianship laws to help making major life and medical choices.

The protected person is also able to challenge a proposed arrangement under Tennessee guardianship laws, demonstrating that they are able to make their own decisions and should not lose the right to do so.  Those persons will work with a Tennessee guardianship laws attorney to determine what legal action they will be able to take.

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