How Do I Name a Guardian for My Minor Children in Tennessee?
In Tennessee, a parent names a guardian for a minor child in a will or a separate signed writingT.C.A. § 34-2-103 (priority of persons; parent designation in a will or other written document)Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18T.C.A. § 1-3-105(a)(1), (a)(17) (age of majority = 18; minor = under 18); § 34-2-106(a) (guardianship of the person terminates at 18)Verified Sep 16, 2026View source.
Frequently Asked Questions
In Tennessee, a parent names a guardian for a minor child in a will or a separate signed writingT.C.A. § 34-2-103 (priority of persons; parent designation in a will or other written document)Verified Sep 16, 2026View source. It needs your signature, and the nomination covers the child until the age of majority, 18T.C.A. § 1-3-105(a)(1), (a)(17) (age of majority = 18; minor = under 18); § 34-2-106(a) (guardianship of the person terminates at 18)Verified Sep 16, 2026View source. It can be recorded alongside the rest of an estate plan when you create a revocable living trust.
When a parent has named a guardian, the parent's nominee has appointment priority, but the court can still decline them on a best-interest findingT.C.A. § 34-2-103 (priority of persons; parent designation in a will or other written document)Verified Sep 16, 2026View source. A backup guardian named in the same document applies if the first choice cannot serve.
Yes. Tennessee recognizes a separate signed declaration naming a guardian, so a full will is not required to make the nominationT.C.A. § 34-2-103 (priority of persons; parent designation in a will or other written document)Verified Sep 16, 2026View source, so a full will is not required; a will remains the standard place to do it.
Yes. Tennessee allows a Power of Attorney for Care of a Minor Child, under which any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custodyT.C.A. §§ 34-6-301 to 34-6-310 (Power of Attorney for Care of a Minor Child Act)Verified Sep 16, 2026View source.
In Tennessee, a child's own preference carries no statutory weightT.C.A. Title 34 chs. 1–2 (no minor-preference provision; cf. §§ 34-2-102, 34-1-107(a)(2)(B))Verified Sep 16, 2026View source.
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