Conservatorship in Tennessee: What Nashville Families Need to Know Before Filing

Tennessee Says "Conservatorship," Not "Guardianship"

If you have been searching for how to get "guardianship" of an aging parent in Nashville, you may be searching the wrong word. Tennessee law splits the two terms: a guardianship is for a minor child, and a conservatorship is for an adult 18 or older whom a court has determined needs partial or full supervision, protection, and assistance because of mental illness, physical illness or injury, developmental disability, or other incapacity. Both live in Title 34 of the Tennessee Code, with conservatorships governed mainly by Chapter 3.

The adult the petition concerns is called the respondent. A court can appoint a conservator of the person (medical decisions and activities of daily living), a conservator of the property (finances), or both. Tennessee courts are supposed to grant the narrowest authority that will actually work — if your father can still manage his own doctor's appointments but is being financially exploited, a conservatorship limited to property may be all the court awards.

This is a legal process, not a care-planning one, and this article is general information rather than legal advice. Almost every family that goes through it hires an attorney; Davidson County's own conservatorship office says petitioners are strongly advised to do so.

Try the Less Restrictive Options First

A conservatorship removes rights from an adult, which is why courts and elder-law attorneys treat it as a last resort. Before you file, check whether your parent already signed — or still has the capacity to sign — documents that accomplish the same thing without a courtroom.

The usual set is a durable power of attorney for finances, a durable power of attorney for health care (or a Tennessee Advance Directive for Health Care), and a HIPAA authorization so providers will actually talk to you. For Social Security income specifically, a representative payee designation through SSA covers the check without touching anything else. Many Middle Tennessee families discover a parent signed a POA years ago and simply never told anyone where it is — check the file cabinet and the attorney who handled the will before you spend thousands on a petition.

The catch is capacity: a power of attorney has to be signed while the person still understands what they are signing. If dementia has progressed past that point, the private option is gone and court is the remaining route. That timing pressure is the single biggest reason to have the paperwork conversation early — ideally at the same time you are first touring assisted living, not after a crisis hospitalization.

What the Court Process Actually Requires

A conservatorship must be filed in the county where the adult with a disability resides — not where the adult child lives. If your mother lives in Brentwood, that is Williamson County even if you are in East Nashville. For Davidson County residents, petitions are filed with the Probate Court Clerk on the third floor of the Historic Metro Courthouse at 1 Public Square, and the Seventh Circuit (Probate) Court hears the case.

The petition has to be backed by a sworn examination report from a physician, psychologist, or senior psychological examiner. Under Tenn. Code Ann. § 34-3-105 that report must include the respondent's medical history, a description of the disability, and an opinion on whether a conservator is needed and how broad it should be. If the respondent has not been examined within 90 days of the filing — or refuses to be examined — the court can order an examination. The legal standard the petitioner must meet is clear and convincing evidence, which is deliberately demanding.

The court will typically appoint a guardian ad litem (GAL), an independent investigator who reports to the judge on whether a conservatorship is warranted and whether the proposed conservator is the right person. The GAL is an agent of the court, not your advocate and not your parent's. Separately, if the respondent objects, an attorney ad litem may be appointed to actively resist the petition on their behalf. Expect the process to take weeks to a few months depending on the docket and whether anyone contests.

Cost, and Who Pays

Budget for court costs, the GAL's fee and investigation expenses, the medical examination, and attorney's fees. Tennessee law (§ 34-1-114) lets the court charge those costs against the respondent's own property to the extent it exceeds the SSI eligibility limit, or against the petitioner, or split among the parties — it is discretionary, so do not assume the estate will absorb it. Contested cases cost meaningfully more than uncontested ones, because two sets of professionals are now billing.

There is a real interaction with long-term care funding here. If your parent will need TennCare CHOICES for nursing facility care, the conservator of the property is usually the person who files the application through TennCare Connect (855-259-0701) and who has to document the 60-month lookback. If income exceeds the CHOICES limit, a Qualified Income Trust (sometimes called a Miller Trust) may be required — another reason to have an elder-law attorney involved rather than treating conservatorship as a standalone errand.

Being Appointed Is the Beginning, Not the End

Families are often surprised that a conservatorship is an ongoing reporting obligation. In Davidson County a conservator generally files an inventory within 60 days of appointment, an interim accounting at six months, and then annual accountings and annual status reports every twelve months thereafter. The status report has to include a statement on the respondent's physical or mental condition showing whether the conservatorship is still needed. A property management plan and a surety bond may also be required unless the judge waives them.

Metro Nashville runs an Office of Conservatorship Management (Historic Metro Courthouse, Suite 601; 615-880-3355) that exists specifically to help conservators meet these duties — it publishes forms guidance, a sample accounting packet, educational videos, and a "Conservatorship School." It is free, it is local, and most families do not know it exists. Forms themselves come from the Davidson County Probate Court Clerk. Outside Davidson County, call the clerk in Williamson, Rutherford, Sumner, Wilson, or Maury County to confirm which court hears conservatorships there, since the assignment is not uniform statewide.

One last point worth holding onto: a conservatorship can be modified or terminated. If the respondent recovers, or if a narrower arrangement would serve them better, the court can discharge the conservator or trim the powers. It is not necessarily permanent, and it is not supposed to be broader than the person's actual need.

Where Care Planning Fits

A conservatorship settles who decides. It does not settle what to decide — whether assisted living, a residential home for the aged, memory care, or in-home support is the right fit, or which Middle Tennessee communities have openings at a price the family can sustain. Those are separate questions, and in practice they usually run on a parallel track while the petition is pending.

If you are in that position now, it is reasonable to keep the legal process with an attorney and the care search with someone who knows the local market. Assisted living in the Nashville metro generally runs about $4,300 to $5,200 a month, with Brentwood and Franklin communities often closer to $5,200 to $6,300. Knowing that range before the hearing helps the eventual conservator build a property management plan the court will actually approve.

Frequently Asked Questions

Do I need a lawyer to file for conservatorship in Tennessee?

There is no statute requiring one, but Davidson County's Office of Conservatorship Management strongly advises hiring an attorney, and in practice nearly all petitioners do. The filing has to satisfy a clear-and-convincing evidence standard, be supported by a sworn examiner's report, and survive a guardian ad litem's independent investigation — and the post-appointment accounting duties continue for years.

Can I get a conservatorship if my parent has a power of attorney already?

Often you do not need one. A valid durable power of attorney for finances and health care usually covers the same ground without a court case, which is why courts treat conservatorship as a last resort. A conservatorship may still be necessary if the POA is being ignored by institutions, if the agent is suspected of exploitation, or if the document's scope is too narrow for the decisions now required.

Where do I file if my mother lives in Franklin but I live in Nashville?

You file in the county where the person with the disability resides, so a Franklin resident's petition goes to Williamson County, not Davidson. Call the clerk in the county of residence first to confirm which court hears conservatorships there, since the assignment varies outside Davidson County.

How long does a Tennessee conservatorship take to establish?

Uncontested cases commonly resolve in a matter of weeks to a few months, driven by the docket, how quickly the sworn medical examination is completed, and how long the guardian ad litem needs to investigate. A contested petition — where the respondent objects and an attorney ad litem is appointed — takes considerably longer and costs more.

Does a conservator control TennCare and Medicare decisions?

A conservator of the person typically handles medical decisions and a conservator of the property handles benefits applications and finances, including filing for TennCare CHOICES through TennCare Connect at 855-259-0701. The court order itself defines the scope, so read it carefully — providers and TennCare will ask to see it before accepting the conservator's authority.