Who Can File for Conservatorship? Eligibility and Legal Requirements in Memphis, Tennessee

October 16, 2025
Jana Lamanna
Jana Lamanna

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.

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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).

What Is a Conservatorship in Tennessee?

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:

  • Advanced dementia or Alzheimer’s disease
  • Traumatic brain injury
  • Severe intellectual disability
  • Mental illness that limits capacity
  • Stroke or debilitating medical condition

Who Can File for Conservatorship in Memphis?

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:

  • A spouse of the person needing care
  • An adult child
  • A parent or sibling
  • A close relative or friend
  • A caregiver or social services agency
  • A public guardian, if no family is available

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.

Who Has Priority to Serve as Conservator?

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:

  1. A person previously nominated by the respondent (in writing, while competent).
  2. The respondent’s spouse.
  3. An adult child.
  4. The next closest relative.
  5. A public guardian (through the Shelby County Office of the Public Guardian).
  6. Any other suitable, qualified person.

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.

Law office meeting with legal paperwork and gavel on table

Requirements to File for Conservatorship in Shelby County

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.

The petition must include:

  • The respondent’s name, date of birth, and Memphis address
  • The petitioner’s name, relationship, and contact information
  • A description of the disability or incapacity (with medical documentation if possible)
  • The name and qualifications of the proposed conservator
  • A list of the respondent’s next of kin and closest relatives
  • Details of the respondent’s property, assets, or income (if financial authority is requested)
  • A statement explaining which rights the petitioner seeks to remove (e.g., power to contract, make medical decisions, drive, manage finances)

Required Medical or Psychological Evaluation

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:

  • The nature and extent of the disability
  • The person’s ability to make decisions
  • Whether the condition is likely to improve

If the respondent refuses an evaluation, the Probate Court can order one.

Notice and Appointment of Guardian ad Litem

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:

  • Interview the respondent and proposed conservator
  • Review medical and financial records
  • Visit the home environment if necessary
  • File a written report with recommendations

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.

The Hearing

Once all reports are submitted, the court sets a hearing date.
At the hearing:

  • The petitioner presents evidence of incapacity and need.
  • The Guardian ad Litem submits findings and recommendations.
  • The respondent (or their lawyer) can challenge the petition.
  • The judge determines whether conservatorship is necessary and, if so, which rights should be removed.

If the judge approves, an Order of Conservatorship is entered, and the conservator must:

  • Take an oath of office
  • File an inventory of the respondent’s assets (if applicable)
  • Post a bond (if managing property)
  • Begin filing periodic reports to the court
Attorney providing legal guidance during court documentation process

Local Filing in Memphis and Shelby County

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.

Conservator Responsibilities in Memphis

Once appointed, a conservator’s duties include:

  • Making personal care decisions (housing, medical care, daily needs)
  • Managing finances and paying bills if authorized
  • Filing annual status reports and accountings with the Probate Court
  • Seeking court approval for major expenditures or property transactions

Failure to comply with these duties can result in removal, contempt, or financial penalties.

Alternatives to Conservatorship

Before filing, Memphis residents should discuss less restrictive options such as:

  • Durable Power of Attorney (financial and medical)
  • Health Care Proxy or Living Will
  • Joint bank accounts or representative payee for Social Security benefits
  • Supported Decision-Making Agreement

Shelby County judges expect petitioners to explain why these alternatives are insufficient before granting a conservatorship.

When Conservatorship Ends

A conservatorship in Tennessee may end if:

  • The respondent regains capacity, and the court restores rights.
  • The respondent dies, in which case estate administration moves to probate.
  • The conservator resigns or is removed.

A petition to terminate or modify can be filed at any time under T.C.A. § 34-3-108.

Step-by-Step Summary for Memphis Petitioners

  • Gather documentation — medical records, financial information, and family contacts.
  • Consult a Memphis probate attorney to confirm conservatorship is appropriate.
  • File a sworn petition in Shelby County Probate Court.
  • Submit a medical or psychological evaluation (or request court order if refused).
  • Serve notice to relatives and interested parties.
  • Participate in Guardian ad Litem investigation and hearing.
  • Take oath and post bond if appointed.
  • File required reports annually to remain in compliance.

Why Work with a Memphis Conservatorship Attorney

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:

  • Help determine if conservatorship is necessary or if alternatives will work
  • Draft the petition and required filings under T.C.A. Title 34
  • Guide you through local Shelby County court rules and deadlines
  • Represent you at the hearing and coordinate with the Guardian ad Litem
  • Help new conservators fulfill ongoing duties and reports
Law office discussion with gavel and justice scales on table

Final Thoughts

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.

Disclaimer:

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.

Reach out to TN Probate Lawyer for more information.

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