Tennessee Code Annotated
Tenn. Code Ann. § 34-3-103 (2026)
Priority of persons to be considered for appointment
✓ current as of May 2026
Subject to the court's determination of what is in the best interests of the person with a disability, the court shall consider the following persons in the order listed for appointment of the conservator:
- (1) The person or persons designated in a writing signed by the alleged person with a disability;
- (2) The spouse of the person with a disability;
- (3) Any child of the person with a disability;
- (4) Closest relative or relatives of the person with a disability;
- (5) A district public guardian as described by § 34-7-104; and
- (6) Other person or persons.
Amended by 2013 Tenn. Acts, ch. 435,s 36, eff. 7/1/2013.
Acts 1992, ch. 794, § 43; T.C.A. § 34-13-103.
Notes of Decisions
Cited in 23
cases (4 in the last 5 years), 2002–2026 · leading case: AmSouth Bank v. Cunningham, 253 S.W.3d 636 (Tenn. Ct. App. 2006).
AmSouth Bank v. Cunningham, 253 S.W.3d 636 (Tenn. Ct. App. 2006). “Tenn.Code Ann. § 34-3-103 identifies an order of priority by which the court shall consider persons who are seeking to be appointed conservator; however, that priority is subject to the court’s determination of "what is in the best interests of the disabled person.”
In the Matter of Lyle L. LAWTON. Stephen Lawton v. Lyle L. Lawton, 384 S.W.3d 754 (Tenn. Ct. App. 2012). “That as concerns respondent’s argument that the Court did not specifically state in its order that it found the appointment of a conservator to be in the best interest of the respondent, the court did consider T.C.A. 34-3-103 which deals with the proper party to be appointed as…”
In Re Conservatorship of Betty A. Winston (Tenn. Ct. App. 2020). “Tenn. Code Ann. § 34-3-103 . Appellant appears to argue that the trial court considered the prioritized list of possible conservators over the best interests of Mrs.”
San Juan-Torregosa v. Garcia, 80 S.W.3d 539 (Tenn. Ct. App. 2002). “§ 34-1-126 and § 34-3-103. We reverse the Judgment of the Trial Court and remand for proceedings in accordance with this Opinion.”
In Re Conservatorship of Jerome Edward Douglas (Tenn. Ct. App. 2021). “Tenn. Code Ann. § 34-3-103 (emphasis added).”
In The Matter of the Conservatorship of Doris Davenport Doris Davenport, Doris Davenport v. Ruth Adair (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 34-3-103 (2003). A trial court has broad discretion when selecting a conservator.”
In Re The Conservatorship of Alfonso B. Patton (Tenn. Ct. App. 2012). “In the instant case, the conservatorship issues on appeal relate to the trial court’s designation of a conservator, which is always left to the discretion of the trial court.”
The Conservatorship of Annette H. Cross (Tenn. Ct. App. 2009). “Tenn. Code Ann. § 34-3-103 . (emphasis added).”
In Re Conservatorship of Karubah Carnahan (Tenn. Ct. App. 2011). “To appoint a conservator under Tenn. Code Ann. § 34-3-103 , the trial court must make two determinations: (1) what is in the best interest of the disabled person considering all relevant factors and (2) who, under the prioritized list, is the appropriate conservator.”
In re Conservatorship of Frank S. King, Jr. (Tenn. Ct. App. 2015). “2006); see also Tenn. Code Ann. § 34-3-103 . The statutory order of priority is as follows: (1) the person(s) designated in a writing signed by the person with a disability; (2) spouse; (3) adult child; (4) closest relatives; and (5) other persons as set forth in Tenn.”
In Re: Conservatorship For Ralph C. Williams (Tenn. Ct. App. 2018). “To appoint a conservator under Tenn. Code Ann. § 34-3-103 , the trial court must make two determinations: (1) what is in the best interest of the disabled person considering all relevant factors and (2) who, under the prioritized list, is the appropriate conservator.”
In Re Conservatorship of John Martin Muldoon (Tenn. Ct. App. 2020). “As noted by the trial court, Petitioner and Respondent have been married for over 37 years; she has played an active role in helping care for Respondent since his stroke; and she continues to visit with Respondent and use his funds to care for him.”
— Tenn. Code Ann. § 34-3-103(1) — 1 case
In The Matter of the Conservatorship of Doris Davenport Doris Davenport, Doris Davenport v. Ruth Adair (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 34-3-103 (2003). A trial court has broad discretion when selecting a conservator.”
— Tenn. Code Ann. § 34-3-103(4) — 1 case
In Re Conservatorship of Mary Ann Tapp (Tenn. Ct. App. 2021).
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