Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating an Action – Filing a Petition:
A petition for the appointment of a guardian may be filed by any person having knowledge of the circumstances necessitating the appointment of a guardian.
The petition for the appointment of a guardian, which shall be sworn, should contain the following:
(1) The name, date of birth, residence, and mailing address of the minor;
(2) The name, age, residence and mailing address and relationship of the petitioner;
(3) The name, age, mailing address, and relationship of the proposed guardian and if the proposed guardian is other than the petitioner, a statement signed by the proposed guardian acknowledging awareness of the petition and willingness to serve;
(4) The name, mailing address, and relationship of the closest relative or relatives of the minor and the name and mailing address of the present custodian of the minor who should be notified of the proceedings. If the respondent has no then living parent or sibling, the petition shall so state and more remote relatives are not to be listed;
(5) An explanation of the reason for seeking appointment of a guardian; and
(6) If the petition requests the guardian manages the property of the respondent, the petition also shall contain:
(A) If the financial information about the minor is known to the petitioner:
(i) A list of the property of the minor together with the approximate fair market value of each item. The petitioner shall state whether the property listed is all of the minor's property;
(ii) A list of the source, amount, and frequency of each item of income, pension, social security benefit or other revenue received by the minor;
(iii) A list of the usual monthly expenses of the minor. The petitioner shall include an explanation of how these expenditures were met prior to the filing of the petition; and
(iv) A description of the proposed plan for the management of the minor's property if a guardian is appointed; or
(B) If the financial information about the minor is unknown to the petitioner, a request that the court enters an order authorizing the petitioner to investigate the respondent's property.
Notice of Hearing:
The hearing on a petition shall be held not less than seven (7) nor more than sixty (60) days from the date of service on the respondent or the date the guardian ad litem was appointed, whichever is later. The hearing date may be extended on motion showing good cause. The notice shall also be served upon the closest relative or relatives of the respondent, as such persons are described in title 31, chapter 2, but not including the petitioner, and upon the person or institution, if any, having care and custody of the respondent or with whom the respondent is living. Service by mail, sent to the last known address of such persons or institution, shall be sufficient for purposes of this subdivision.
Conservatorship in Tennessee:
A petition for the appointment of a conservator may be filed by any person having knowledge of the circumstances necessitating the appointment of a conservator. In a proceeding for the appointment of a conservator, a notice of the hearing shall be served on the respondent and any person, institution, or residential provider having care or custody of the respondent by the guardian ad litem or as otherwise authorized under the Tennessee Rules of Civil Procedure.
Tenn. Code § 34-2-101 through Tenn. Code § 34-2-105
Tenn. Code § 34-2-102
Tenn. Code § 34-2-104
Tenn. Code § 34-3-102
Tenn. Code § 34-3-104