Tennessee Code Annotated

Tenn. Code Ann. § 34-2-104 (2026)

Petition for appointment - Sworn - Contents

✓ current as of May 2026

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The petition for the appointment of a guardian, which shall be sworn, should contain the following:

(1) The name, date of birth, residence and mailing address of the minor;

(2) The name, age, residence and mailing address and relationship of the petitioner;

(3) The name, age, mailing address and relationship of the proposed guardian and, if the proposed guardian is other than the petitioner, a statement signed by the proposed guardian acknowledging awareness of the petition and willingness to serve;

(4) The name, mailing address and relationship of the closest relative or relatives of the minor and the name and mailing address of the present custodian of the minor who should be notified of the proceedings. If the respondent has no then living parent or sibling, the petition shall so state and more remote relatives are not to be listed;

(5) An explanation of the reason for seeking appointment of a guardian; and

(6) If the petition requests the guardian manage the property of the respondent, the petition also shall contain:
- (A) If the financial information about the minor is known to the petitioner:
  - (i) A list of the property of the minor together with the approximate fair market value of each item. The petitioner shall state whether the property listed is all of the minor's property;
  - (ii) A list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue received by the minor;
  - (iii) A list of the usual monthly expenses of the minor. The petitioner shall include an explanation of how these expenditures were met prior to the filing of the petition; and
  - (iv) A description of the proposed plan for the management of the minor's property if a guardian is appointed; or
- (B) If the financial information about the minor is unknown to the petitioner, a request that the court enter an order authorizing the petitioner to investigate the respondent's property.

Acts 1992, ch. 794, § 37; T.C.A. §34-12-104; Acts 2003 , ch. 35, § 1.

Notes of Decisions

Cited in 2 cases, 2005–2013 · leading case: Erik Hood v. Casey Jenkins, 432 S.W.3d 814 (Tenn. 2013).

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Erik Hood v. Casey Jenkins, 432 S.W.3d 814 (Tenn. 2013). · cites it 4× “He specifically asserts that the guardianship petition failed to address each of the six requirements of Tennessee Code Annotated section 34-2-104 (2007). 10 Erik also complains that the order approving the guardianship lacked a property management plan as required by Tennessee…”

In Re: Adoption of AMH, a minor Jerry L. Baker & wife, Louise K. Baker v. Shao-Qiang (Jack) He & wife, Qin (Casey) Luo (Tenn. Ct. App. 2005). · cites it 2× “] Tenn. Code Ann. § 34-2-104 (2003). Mother notes that, while the Hes original petition for custody mentions the Bakers and lists their address, it only mentions them in regards to a transfer of custody, not guardianship.”

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