What is TN Legal Guardianship?
In the state of Tennessee, when a parent or caregiver cannot take care of a minor child, relatives or family friends can step in and become legal guardians. A legal guardian assumes responsibility for the child, taking over all parenting and legal rights. While the legal guardianship involves many of the same day-to-day responsibilities and obligations as parenting, it does not strip the biological parents of their parental rights. Essentially, the guardian has most of the same rights and responsibilities as the birth parents , but the biological parents retain full rights over their child.
Legal guardianship might be necessary if the biological parent has a substance abuse problem and is unable to care for a child. It may be needed if one or more parents are incarcerated, mentally ill, or physically disabled. Guardianship might also be necessary because of a physical or sexual assault on a child by some other person. Then there are situations where both biological parents have died but someone feels the child should not go into the foster care system. In all of these cases, it is important to establish a legal guardianship rather than just allow the child to stay with a relative or family friend.
Different Types of Guardianship in TN
Tennessee recognizes several types of guardianships to accommodate the diverse needs of minors and adults. These range from the appointment of a guardian or conservator for an incapacitated individual, to the selection of a guardian ad litem to represent a person or the interests of a minor during probate litigation. This section outlines some of the most common types of guardianship matters we handle.
Guardianship of Minor and Disabled Adults
Based on the circumstances, a court may grant guardianship over the person, property, or both of a minor or disabled adult (the term "conservatorship" is often used for guardianship over the property of a minor or adult). "Guardianship of the person" involves a guardian making personal decisions affecting the minor or disabled adult. This includes health care, treatment options, and education.
Guardianship of the property typically involves managing assets and income for the minor or disabled adult until they become of age, or to provide care if the assets are exhausted. Courts use careful scrutiny to ensure the incompetent person is adequately cared for.
In order to qualify for guardianship, each case must involve a competent adult petitioning the court, usually involved relatives, and thereafter a court deciding the property and estate related to the minor or disabled adult.
Guardianship for Military Personnel
The appointment of a guardian for military personnel involves an analysis of specific procedures. These procedures are addressed under standard Probate Court rules.
Guardianship for Veterans
A guardian for veterans is someone who has been appointed by a probate court to manage the financial affairs of the protected veteran. Estate property and income are used for the benefit of the protected veteran. This covers the protection of the person and property of minors and incompetent veterans, as well as managing the benefits achieved for the protected veteran.
How to Get TN Legal Guardianship Forms
In Tennessee, the Department of Intellectual and Developmental Disabilities (DIDD) is responsible for making guardian of minor (Tennessee legal guardianship) forms available on its website. Beyond that, you have essentially three options. The first option is to have an attorney prepare the documents. The second option is to prepare and file the documents yourself (many forms are available at the courthouse or from the local clerk). The third option is to find the forms you need online. (Note that the Tennessee website contains generic forms, such as "Tennessee minor guardianship form", which provides a good starting point, but that person specific forms, such as "Tennessee text specific to Memphis minor guardianship form" tend to be more helpful and specific to your circumstances.) While we cannot provide specific guidance in this area, as each case is different, here is how to generally obtain Tennessee legal guardianship forms:
- In most cases, obtain the forms you need for establishing legal guardianship in Tennessee using online resources from the DIDD. Find the DIDD’s forms online through its website (a generic search on Google like "Tennessee minor guardianship form site:didd.state.tn.us " or "Tennessee guardianship form").
- Alternatively, contact the clerk of court in the county in which you will be doing the legal guardianship proceedings for additional information on obtaining the forms and prescribed procedures. Or use our generic search on Google like "Tennessee minor guardianship form Clarksville, Tennessee". Note that if you live in Murfreesboro, Tennessee, you probably do not want to look up "Tennessee minor guardianship Nashville form".
- Compare the forms from the previous two steps to the old forms you found by searching for "Tennessee text specific to Memphis minor guardianship form" online. If you find a form that seems right and is specific to your locality, download and save it to your computer.
- Above all, consider seeking competent legal advice as to the best way to proceed. It may be worth your while to have an attorney prepare Tennessee legal guardianship forms. It depends on your situation, but for some, it may be a good investment of time.
Filing Guardianship Forms: A Step-by-Step Guide
Filing legal guardianship forms in Tennessee involves a step-by-step process that applicants must complete to ensure their petition is properly filed and considered by the court. In general, a person seeking to be appointed as a legal guardian must file several documents with the court having jurisdiction over the person for whom the guardian is being sought. The following steps outline the process of compiling these documents, filing them, and attending a hearing:
- Obtain the proper petition: The first step is to obtain the correct petition form. As with all aspects of the law in Tennessee, there are varying types of petitions for different types of guardianship proceedings. Petition types include adult guardianship petitions, conservatorships, minor guardianships, admittances to state mental hospitals, and guardian ad litem petitions.
- Gather identification: A guardian must have appropriate identification in order to file the petition and be granted guardianship. Identification must include a photo, such as a copy of a driver’s license or passport. Any individual filing for guardianship over a minor child must provide proof of the applicant’s relationship with the child as well.
- Fill out the petition: The next step involves filling out the petition form with details about the person for whom a guardian is being requested. Parties filling out the form should provide as much detail as possible and may wish to seek the guidance of an attorney, particularly in complex proceedings. This helps to avoid problems later on in the process as certain specific information is required by the court in order to process the petition.
- File the petition: Filing the paperwork is the next step, which includes paying a fee to the court for the process. Fees vary depending upon the county, but generally run $75 or more. Obtaining a certified copy is the applicant’s responsibility, and this could add $10 or more to the total cost of the proceeding.
- Attend a hearing: After the petition is filed, the court will schedule a hearing at which time the person filing the petition must appear before the court. If the parents of a minor child are the petitioners, the parents must be present. If the parents fail to appear for the hearing, their rights to the child could be terminated.
- Obtain a certified copy of the guardianship: After the hearing, the court will grant the petition if it is determined that it is in the best interest of the person for whom guardianship is being pursued. At that point, the guardianship or conservatorship documents will be signed and a certified copy can be obtained.
Common Mistakes and Problems with Guardianship Filing
Navigating the labyrinth of legal terminology and the sheer volume of paperwork required for guardianship filing can pose significant challenges. Many individuals find themselves grappling with an overload of complex forms and intricate legal language, often leading to misunderstandings, misinterpretations, and mistakes. Inexperienced applicants can face hurdles as simple as omission of a single introductory page or a signature oversight on page four. While these may appear as minor oversights, they can be detrimental when submitting your application to the court. When it comes to legal proceedings, discretion is the better part of valor; hence, it is crucial to avoid mistakes that could lead to rejection of your application.
The key to successful guardianship filing lies in meticulous attention to detail. Paying close attention to the nuances of language is essential. For instance, the term "conservator," which describes an individual appointed to manage the estate of someone who lacks capability to do so themselves, is frequently misinterpreted . Guardianship over both the person and the estate, along with conservatorship, are often crucial aspects of the process. It’s vital to grasp the fundamental differences between these legal responsibilities. Additionally, the depth of questions asked on the paperwork can be overwhelming. From inquiries about the income and expenses of the proposed ward to detailed diagnostic information, the forms require extensive personal and financial disclosure. The risk of inaccuracy increases when you are not completely familiar with the complexities of the questions. To avoid errors, thoroughly review each question and confirm that your answers do not contradict each other or with any other submitted documents.
Another frequent issue arises in the realm of Temporary Guardianship. While the necessity of such arrangements can be apparent, finding a lawyer who specializes in this area can be challenging. Furthermore, Temporary Guardianship is subject to limitations, including a designated time frame. Even those who have prepared legally appropriate paperwork may end up falling short if they lack an attorney versed in this area of guardianship law.
Resources and Legal Help for Guardianship
Navigating the complex process of establishing guardianship over a vulnerable person can be overwhelming. To that end, several legal assistance and resources are available for individuals throughout the stages of guardianship in Tennessee.
Tennessee Bar Association
The Tennessee Bar Association (TBA) is an essential resource for those seeking guidance throughout the guardianship process. With a legal referral service, the TBA can direct individuals to experienced lawyers specializing in elder law and guardianship issues.
Legal Aid of East Tennessee
Legal Aid of East Tennessee (LAET) provides free or low-cost legal assistance throughout Tennessee, helping low-income residents navigate the legal system. LAET can assist with guardianship legal representation, including filling out Tennessee guardianship forms.
National Center for State Courts
The National Center for State Courts (NCSC) is an invaluable resource for individuals unfamiliar with guardianship. Providing a directory of state court systems, sample forms, and guides, the NCSC can assist individuals seeking guardianship in Tennessee.
Obtaining legal assistance and resources can simplify the complex legal process and help individuals understand their rights and responsibilities as guardians.
Wrap-Up: Smoother Guardianship Application
As we’ve discussed, the process of obtaining legal guardianship in Tennessee is not as daunting as it might seem. However, it is time-consuming and involves some important steps that you need to be fresh on when you begin the process. There are two ways in which you and your family need to be prepared to go into this application process. You have to gather the required information and you have to understand the legal guardianship process.
A guardianship application could take anywhere from 30 days to six months, depending on each individual case, so it is imperative that you do not take any chances . We also advise against beginning the process on your own, unless you consider yourself well-versed in the legal process. The easiest way to ensure that this process goes smoothly is by hiring an attorney familiar with the legal guardianship process in Tennessee. As with most legal issues, an attorney is going to know the ins and outs of how to ensure everything goes smoothly in your case. Even if you don’t hire an attorney, it is always worth your time to seek their advice.