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Tennessee
Guardianship Questionnaire

Tennessee Guardianship Questionnaire

Category:

Family Law - Guardianships

State:

Multi-State

Control #:

US-Q1017

Format:

Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a guardianship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.

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FAQ

In general, a parent with full custody had the absolute right to make all parenting decisions. Physical custody related to how much time a parent spent with the child. In the same general sense, the legal custodial parent was the parent with most, if not all, final decision-making authority.

Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.

If the biological or adoptive parents are for any reason removed as the legal guardian, Tennessee law says that a court can appoint a person or persons to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor as their ?guardian?.

When appointed as the guardian over property, the guardian/conservator is permitted to make decisions related to the estate and financial matters. When appointed as guardian over the person and property or plenary guardianship, the guardian/conservator is permitted to make all health care and financial decisions.

In dividing up parental rights, Tennessee courts have one of two options: Joint Custody?parental authority is shared between parents. Sole Custody?all the authority resides with a single parent.

Guardians need to seek court approval so they can formally be appointed a guardian. The guardian should have a strong relationship with the child. It is often desirable, but not necessary, that the guardian be a blood relative such as an adult sibling, grandparent, or aunt of the child who needs care and protection.

Show your order or letter of guardianship signed by a judge. If you were appointed as guardian by a court, simply provide a copy of your order or letter of guardianship that the judge signed.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

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