Tennessee Code Annotated
Tenn. Code Ann. § 34-2-105 (2026)
Where guardian needed - Court order
✓ current as of May 2026
If the court determines a guardian is needed, the court shall enter an order which shall:
- (1) Name the guardian or guardians;
- (2) If the guardian is to manage the property of the minor, then:
- (A) Set the amount of the guardian's bond unless waived as authorized in § 34-1-105;
- (B) Set forth the nature and frequency of each approved expenditure and prohibit the guardian from making other expenditures without court approval;
- (C) Set forth the approved management of the minor's property; and
- (D) Prohibit the sale of any property except as permitted by § 34-1-116 without court approval or as permitted in the property management plan approved by such order; and
- (3) State any other authority or direction as the court determines is appropriate to properly care for the person and property of the minor.
Acts 1992, ch. 794, § 38; T.C.A. § 34-12-105.
Notes of Decisions
Cited in 3
cases, 2012–2017 · leading case: Erik Hood v. Casey Jenkins, 432 S.W.3d 814 (Tenn. 2013).
Erik Hood v. Casey Jenkins, 432 S.W.3d 814 (Tenn. 2013). “, Tenn. Code Ann. § 34-2-105 (2)(A)-(D) (requiring the order of guardianship to set a bond, specify the nature and frequency of approved expenditures, and establish a property management plan).”
Erik Hood v. Casey Jenkins, No. E2011-02749-COA-R3-CV (Tenn. Ct. App. Oct. 9, 2012). “] Tenn. Code Ann. § 34-2-105 . The court is authorized to waive the requirement of a bond if it finds that the requirement of a bond would be unjust or inappropriate and that one of the following circumstances exists: (1) The fiduciary is a financial institution excused from the…”
In Re Domingo C. L. (2017). “Furthermore, pursuant to Tenn. Code Ann. § 34-2-105 : If the court determines a guardian is needed, the court shall enter an order which shall: *** (3) State any other authority or direction as the court determines is appropriate to properly care for the person and property of…”
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