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The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.
Conservatorship must be court-ordered and is based on medical proof, such as physical or psychological evaluations, as well as lay witness testimony describing the individual's inability to care for him or herself. Any interested party (not just a relative) can petition the court for conservatorship.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to § 34-8-301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship.
In Tennessee, a guardianship is essentially the same but can only be used for someone seventeen (17) years old or younger. Conservatorships are for adults ages eighteen (18) and older. Other states may use these terms differently.
Letters of Guardianship or Conservatorship ? Disposition of Funds of Minor Under $25,000 ? Discharge of Paying Entities ? Order of Distribution ? Distribution of Funds ? Direction of Funds Into Trust.
Being granted guardianship is done after a court reviews the appropriateness and determines what is in the "best interest" of the child.
Conservatorship must be court-ordered and is based on medical proof, such as physical or psychological evaluations, as well as lay witness testimony describing the individual's inability to care for him or herself. Any interested party (not just a relative) can petition the court for conservatorship.
The person who believes another needs a conservator must file a petition with the court in the county where the ward lives. The petition must include a report by a doctor, psychologist, or senior psychological examiner that explains the proposed ward's medical condition.