Do you automatically become guardian of the estate if appointed guardian of the person in Tennessee?
Short answer: No. In Tennessee, appointment as guardian of the person does not automatically make you guardian of the estate (sometimes called a conservator or guardian of the estate). The court must make a separate finding and enter a separate appointment for authority over the incapacitated person’s property and finances.
Detailed answer — how it works under Tennessee law
State law separates authority over personal decisions (health, living arrangements, daily care) from authority over money and property. A guardian of the person has responsibility for the personal care and physical well‑being of an incapacitated adult. Authority over the estate (managing bank accounts, investments, paying bills, selling property) requires a separate appointment by the probate court or specific language in the court order.
Procedurally: a court hearing is required before the court appoints anyone as guardian of the person or guardian/conservator of the estate. The court examines evidence about the person’s capacity, hears from interested parties, and then issues an order. The judge can appoint the same person to both roles, but only if the judge explicitly grants both powers in the order. If the judge appoints you only as guardian of the person, you do not have the power to handle the incapacitied person’s financial affairs until the court separately appoints you over the estate.
For public guidance and the relevant statutes in Tennessee, see the state code and court resources on guardianship and conservatorship:
- Tennessee Code — Title 34 (Guardianship/Conservatorship chapter)
- Tennessee Courts — Guardianship & Conservatorship self-help
Typical requirements when seeking authority over the estate
- File a separate petition asking for appointment as guardian of the estate (or for combined appointment of person and estate).
- Provide notice to the proposed ward, their family members, and certain interested persons.
- Attend a hearing where the court will review evidence of incapacity and the need for financial protection.
- If appointed over the estate, the court will often require a bond, an inventory of assets, and periodic accounts to the court.
What a guardian of the estate can do (if appointed)
If the court appoints you as guardian of the estate, your powers typically include collecting income, paying bills, managing investments, filing tax returns, and protecting the ward’s assets. The exact powers depend on the court order and any statutory limits the judge imposes.
What if there’s an emergency?
The court can enter temporary orders in emergencies. If the person’s finances or safety are in immediate danger, ask the court for temporary limited authority over funds while a full hearing is scheduled.
Practical example (hypothetical)
Maria petitions the court and is appointed guardian of the person for her father. The court order names Maria to make health, housing, and daily‑care decisions only. When she learns her father cannot manage his finances and bills are unpaid, Maria must file a new petition asking the court to appoint her as guardian of the estate. After notice and a hearing, the judge may grant that separate authority and require Maria to post a bond and file an inventory.
Helpful Hints
- Always read the court order carefully. It lists exactly what powers you have.
- If you need both roles, ask the petitioner or the court to request combined appointment at the initial hearing to save time, but expect the court to examine both issues separately.
- Keep meticulous financial records and receipts if you are appointed over the estate. You will likely need to file inventories and periodic accountings with the court.
- Be prepared for bond and reporting requirements. The court often requires a bond to protect the ward’s assets and regular accountings to ensure proper stewardship.
- Consider hiring a Tennessee attorney experienced in guardianship/probate if matters are complex (large assets, contested appointment, family disagreement, tax issues, or proposed sale of real estate).
- If immediate access to funds is needed for the ward’s care, ask the court for a temporary order to authorize limited financial action before a final decision on estate guardianship.
- Contact your local probate court or the Tennessee Courts self‑help pages for local forms and procedure information: Tennessee Courts — Guardianship & Conservatorship.
Final note — this is not legal advice. The information above explains general Tennessee law and common practice. It does not replace legal advice about your exact situation. If you face a guardianship issue in Tennessee, consider consulting a Tennessee probate or guardianship attorney to review your case and represent you in court.