How Do I Name a Guardian for My Minor Children in Tennessee?

See how a parent names a guardian for their minor children in Tennessee, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Tennessee, a parent names a guardian for a minor child in a will or a separate signed writing (T.C.A. § 34-2-103 (priority of persons; parent designation in a will or other written document)). It needs your signature. You can record it alongside the rest of your 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 finding (T.C.A. § 34-2-103 (priority of persons; parent designation in a will or other written document)).

Yes. Tennessee recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Tennessee allows a Power of Attorney for Care of a Minor Child (T.C.A. §§ 34-6-301 to 34-6-310 (Power of Attorney for Care of a Minor Child Act)): any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custody.

In Tennessee, a child's own preference carries no statutory weight (T.C.A. Title 34 chs. 1–2 (no minor-preference provision)).

Tennessee uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (T.C.A. §§ 34-2-103, 34-1-120, 34-1-121)

Tennessee Estate Planning Resources

In-depth guides covering Tennessee probate laws, trust requirements, and estate planning strategies.