Jana Davis Lamanna is experienced in the areas of probate/trust/estate litigation, divorce/family law, probate administration, estate planning, guardianship and conservatorship law, and assisted reproductive technology law.
When a loved one becomes unable to make sound decisions about their personal care, health, or finances, family members often ask: “Can I step in to help legally?”
In Tennessee, this process is known as conservatorship, and it’s handled through the Probate Court in the county where the person lives — for Memphis residents, that means the Shelby County Probate Court.
This guide explains who can file for conservatorship, what the law requires, and how the process works specifically in Memphis and Shelby County, under the Tennessee Conservatorship statutes (T.C.A. Title 34, Chapter 3).
A conservatorship is a legal relationship in which the court appoints an adult (the conservator) to make decisions for another adult (the respondent or “person with a disability”) who can no longer manage some or all of their personal or financial affairs.
Under Tennessee Code Annotated § 34-3-101, a court may remove certain rights from the respondent and assign them to a conservator, but only to the extent necessary — Tennessee law requires conservatorships to be the least restrictive alternative.
Examples of when conservatorship may be needed include:
According to T.C.A. § 34-3-102, “any person having knowledge of the circumstances necessitating the appointment of a conservator may file a petition.”
This broad rule means that anyone who is aware of the respondent’s situation can file — but the court gives preference to close relatives when deciding who to appoint.
In practice, the following people commonly file in Memphis and Shelby County:
You don’t need to live in Shelby County to file, but the respondent (the person needing protection) must reside there for the Probate Court to have jurisdiction.
Even though many people may file a petition, Tennessee law prioritizes who should actually be appointed to serve as the conservator.
Under T.C.A. § 34-3-103, the court follows this order of preference:
In Memphis, Probate Judges generally give strong consideration to the person in the top category, but they will look closely at each petitioner’s fitness, relationship, and financial responsibility before appointment.
To begin a conservatorship proceeding in Memphis, the petitioner must file a sworn petition in Shelby County Probate Court that includes specific details outlined in T.C.A. § 34-3-104.
Memphis courts will not establish a conservatorship without medical proof of disability or incapacity.
Tennessee law requires a sworn medical or psychological examination report, completed within 90 days of filing, unless the respondent refuses.
The report must be from a licensed physician, psychologist, or senior psychological examiner and must describe:
If the respondent refuses an evaluation, the Probate Court can order one.
After the petition is filed, the Probate Court appoints a Guardian ad Litem (GAL) — an independent attorney who investigates the case and reports to the court.
The GAL will:
The court also appoints an Attorney ad Litem to represent the respondent’s legal rights during the process.
Both of these roles are standard practice in the Shelby County Probate Court to ensure fairness and due process.
Once all reports are submitted, the court sets a hearing date.
At the hearing:
If the judge approves, an Order of Conservatorship is entered, and the conservator must:
All conservatorship cases for Memphis residents are handled in Shelby County Probate Court.
The Probate Clerk’s Office provides forms, filing checklists, and bond information, and attorneys familiar with the local process can help ensure all documents meet Shelby County Probate Rule requirements.
If the respondent has limited income or no family, the Shelby County Public Guardian may be appointed.
Once appointed, a conservator’s duties include:
Failure to comply with these duties can result in removal, contempt, or financial penalties.
Before filing, Memphis residents should discuss less restrictive options such as:
Shelby County judges expect petitioners to explain why these alternatives are insufficient before granting a conservatorship.
A conservatorship in Tennessee may end if:
A petition to terminate or modify can be filed at any time under T.C.A. § 34-3-108.
Conservatorship petitions in Shelby County involve sensitive issues — family conflict, financial oversight, and the loss of personal autonomy for a loved one.
An experienced Memphis probate and conservatorship attorney can:
Filing for conservatorship in Memphis is both a legal and emotional step. The process is designed to protect vulnerable adults, but it also requires detailed filings, medical proof, and strict compliance with Tennessee law.
If you’re considering petitioning for conservatorship in Shelby County, start by consulting an attorney experienced in probate and elder law. They can ensure the petition meets all statutory and local court requirements while protecting the dignity and best interests of your loved one.
This article is for informational purposes only and does not constitute legal advice. Conservatorship cases vary based on individual facts and circumstances. Memphis residents should consult a licensed Tennessee attorney before taking any action or filing a petition with the Shelby County Probate Court.
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