Guardianship is a legal relationship where one person (“the guardian”) is granted authority by the court to make personal and/or financial decisions for individuals under the age of 18 (“the ward”) who is unable to make those decisions themselves. In Tennessee, guardianship is a serious responsibility that involves ensuring the well-being and protection of individuals who have not yet reached the age of majority. Here’s a comprehensive overview of Tennessee guardianship, including types, procedures, and things to consider.
Types of Guardianship in Tennessee
In Tennessee, guardianship is categorized into two main types:
1.) Guardianship of a person: This type of guardianship grants authority over personal affairs and well being of the ward. Responsibilities typically include decisions related to healthcare, living arrangements, education, transportation and other personal matters.
2.) Guardianship of the Estate: This type of guardianship involves managing the financial affairs and assets of the ward. Responsibilities may include paying bills, managing investments, and making financial decisions on behalf of the ward.
In some cases, one person may be appointed as both guardian of the person and the estate, while in others, separate individuals may be appointed for each role.
Procedures for Establishing Guardianship
The process of establishing guardianship in Tennessee involves several key steps:
1.) Filing a Petition: A petition for guardianship must be filed with the appropriate court. The petitioner, who is usually a family member or concerned individual, must demonstrate why guardianship is necessary and provide evidence of the ward’s incapacity.
2.) Evaluation: The court will appoint an evaluator, typically a physician or psychologist to assess the ward’s physical and mental state and their ability to make decisions.
3.) Court Hearing: A hearing will be scheduled where the petitioner presents evidence supporting the need for guardianship. The ward has the right to legal representation and may contest the petition if they disagree with the need for a guardian.
4.) Appointment: If the court determines the guardianship is warranted and in the best interest of the ward, a guardian will be appointed. The appointed guardian must then fulfill their duties responsible and report to the court as required.
Things to Consider:
1.) Less Restrictive Alternatives: Explore less restrictive alternatives to the guardianship such as powers of attorney or support decision-making programs, which allows individuals to retain their self autonomy.
2.) Legal Advice: Seek guidance from an experienced attorney who specializes in guardianship laws in Tennessee to navigate the complex legal process.
3.) Careful Decision-Making: Guardians must make decisions that prioritize the ward’s well-being and respect their wishes to the extent possible.
4.) Ongoing Evaluation: Guardianships are not permanent and may be reviewed periodically by the court to ensure it remains necessary and appropriate.
Tennessee guardianship involves understanding legal procedures, responsibilities, and the best interests of the ward. It’s a significant role that requires careful consideration and adherence to legal requirements. By approaching guardianship with compassion, responsibility, and legal guidance, guardians can effectively fulfill their duties and ensure the welfare of those unable to care for themselves.
If you’re considering guardianship in Tennessee, contact our office and consult with one of our experienced attorneys who can help you understand the specific requirements and responsibilities that must be addressed for the matter.
DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.