Legal Guardianships

A guardian is a fiduciary appointed by the court to care for a person, their property, or to care for both if a person is otherwise unable to care for him/herself.

In Shelby County, usually Petitions are filed with the Probate or Juvenile court to appoint a guardian. Petitions should be filed in the county where the child has been residing for over six months. They are filed in various situations. Sometimes a minor child has parent(s) who cannot adequately care for the child due to substance abuse or some other reason and the child has been neglected. Sometimes, the minor child has a mental or physical condition(s) that prohibits the biological parents from adequately caring for the child.

Anyone may petition the court to be appointed a guardian or the court itself may nominate a person to serve. Usually it is a grandparent or other relative who is appointed. But occasionally, friends or someone with no personal relationship to the child can be appointed, as well.

A minor is a person under the age of eighteen years. If you are appointed a guardian of a Minor, then you have legal custody of that child. If you are the legal guardian of a child, you might also be entitled to child support from that child's biological parents or to a SS award the parents may receive.

It is possible that if you receive funds on behalf of the child, you may have to prepare an annual accounting setting forth how the minor's funds are being spent.

Sometimes it is necessary to file for Emergency Temporary Guardianship when there is an emergency. Once you file all your papers with the Court, you will go before the Court that day. The Court may give you a Temporary Order for Guardianship or custody. This Temporary Order is only good for a short period of time until a hearing is set.

If you are filing a non-emergency petition, the biological parents and/or whoever the child lives with will have to be notified by the filing of a summons.

Memphis and Shelby County Juvenile Court has some basic pleadings on its website. The typical cost to file a Petition in Juvenile Court is $100.00. Click on the link below for some Juvenile Court forms:

http://www.shelbycountytn.gov/index.aspx?NID=372

If we can assist you, please contact our office!