Tennessee Code Annotated

Tenn. Code Ann. § 34-3-104 (2026)

Petition for appointment - Sworn - Contents

✓ current as of May 2026

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

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

(2) A description of the nature of the alleged disability of the respondent;

(3) The name, age, residence and mailing address of the petitioner, a statement of the relationship of the petitioner to the respondent, and a statement of any felony or misdemeanor convictions of the petitioner, if any;

(4) The name, age, mailing address, relationship of the proposed conservator, statement of any felony or misdemeanor conviction of the proposed conservator, and, if the proposed conservator is not the petitioner, a statement signed by the proposed conservator acknowledging awareness of the petition and a willingness to serve. The petition must also include current copies of the following reports on the proposed conservator:
- (A) A search of the department of health's registry of persons who have abused, neglected, or misappropriated the property of vulnerable persons, established by title 68, chapter 11, part 10; and
- (B) A search of the national sex offender registry maintained by the United States department of justice;

(5) The name, mailing address and relationship of the closest relative or relatives of the respondent and the name and mailing address of the person or institution, if any, having care and custody of the respondent or with whom the respondent is living. If the respondent has no then living spouse, child, parent or sibling, the petition shall so state and more remote relatives are not to be listed;

(6) A summary of the facts supporting the petitioner's allegation that a conservator is needed;

(7) The name of the respondent's physician or, where appropriate, respondent's psychologist or senior psychological examiner and either:
- (A) A sworn examination report described in § 34-3-105(c);
- (B) A statement that the respondent has been examined but the sworn examination report has not been received but will be filed before the hearing; or
- (C) A statement that the respondent refuses to be examined voluntarily, with a request that the court direct the respondent to submit to medical examination;

(8) The rights of the respondent to be removed from the respondent and transferred to the conservator. The rights the court may remove may include, but are not limited to, the right to vote, dispose of property, execute instruments, make purchases, enter into contractual relationships, hold a valid Tennessee driver license, give or refuse consent to medical and mental examinations and treatment or hospitalization, or do any other act of legal significance the court deems necessary or advisable;

(9) If the petition requests the conservator to manage the property of the respondent, the petition also shall contain:
- (A) If the financial information about the respondent is known to the petitioner:
  - (i) A list of the property of the respondent, together with the approximate fair market value of each item and a statement whether the property listed is all of the respondent'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 respondent;
  - (iii) A list of the usual monthly expenses of the respondent and an explanation of how these expenditures were met prior to the filing of the petition;
  - (iv) A description of the proposed plan for the management of the respondent's property if a conservator is appointed; or
- (B) If the financial information about the respondent is unknown to the petitioner, a request that the court enter an order authorizing the petitioner to investigate the respondent's property; and

(10) A request for a guardian ad litem, conservator or co-conservator, or attorney ad litem with specific experience or expertise in matters like those faced by the respondent, if warranted under the circumstances.

Amended by 2021 Tenn. Acts, ch. 84, s 1, eff. 1/1/2022.

Amended by 2013 Tenn. Acts, ch. 435, s 25, eff. 7/1/2013.

Acts 1992, ch. 794, § 44; 1994, ch. 855, § 14; T.C.A. §34-13-104; Acts 2003 , ch. 124, §1; 2012 , ch. 807, §1; 2012 , ch. 917, § 2.

Notes of Decisions

Cited in 12 cases (3 in the last 5 years), 2002–2025 · leading case: In Re Est. of Miriam L. Rinehart, 363 S.W.3d 186 (Tenn. Ct. App. 2011).

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In Re Est. of Miriam L. Rinehart, 363 S.W.3d 186 (Tenn. Ct. App. 2011). · cites it 10× “See Tenn.Code Ann. § 34-3-104(5) (requiring that the petition to appoint a conservator include the names, addresses, and relationships of any close relatives of the prospective ward’s).”

In Re Conservatorship of Groves, 109 S.W.3d 317 (Tenn. Ct. App. 2003). · cites it 2× “Tenn.Code Ann. § 34-3-104(8) (2001) states that persons adjudged to be incapacitated may lose their right to vote, their power to dispose of property, their power to execute legal instruments, their power to make purchases, their power to contract, their right to hold a valid…”

Miller Ex Rel. Miller v. Dacus, 231 S.W.3d 903 (Tenn. 2007). “§ 34-3-104(8) (Supp.2006). The law allows for execution of a power of attorney for health care by means of which one may appoint an attorney-in-fact to give or withhold consent to medical treatment in the event of disability.”

San Juan-Torregosa v. Garcia, 80 S.W.3d 539 (Tenn. Ct. App. 2002). · cites it 2× “§ 34-3-104. The requisites for the appointment are established in this case, as there is clear and convincing evidence of Ms.”

In Re Conservatorship of Michael S. Starnes (Tenn. Ct. App. 2014). · cites it 5× “Starnes alleged that the petition should be dismissed because it failed to: (1) comply with the Tennessee Code Annotated Section 34-3-104 requirement that all petitions seeking appointment of a conservator include a sworn medical 2 examination; (2) include legally sufficient…”

Pelilia San Juan-Torregosa v. Engracia Torregosa Garcia (Tenn. Ct. App. 2002). · cites it 4× “Tenn. Code Ann. §34-3-104 (8). It is clear that from State Court decisions, artificial nutrition and hydration are to be included in the realm of medical treatment which a patient has a right to refuse.”

In Re Conservatorship Of Laylon Eugene Perry (Tenn. Ct. App. 2020). · cites it 2× “Perry’s niece, Amanda Bush, filed a petition pursuant to Tennessee Code Annotated section 34-3-104 seeking to be appointed conservator for Mr.”

In Re The Conservatorship of Joan Perrett Gaskin (Tenn. Ct. App. 2025). · cites it 2× “See Tenn. Code Ann. § 34-3-104 (requiring the petition to state the name and mailing address of the closest relative of the person alleged to require a conservator).”

In The Matter of the Conservatorship of Doris Davenport Doris Davenport, Doris Davenport v. Ruth Adair (Tenn. Ct. App. 2005). · cites it 2× “] Tenn. Code Ann. § 34-3-104 (7) (2003). In the instant case, the Nieces indicated in their petition that Ms.”

Susan Davis Malone v. Thomas Franklin Malone (2023). “Malone's] attorneys or Attorney in Fact she should file a non- ernergency petition for conservatorship of Susan Davis Malone under T.C.A. § 34-3-104, under a new docket number as a related case so that it will be assign[ed] to Division II.”

In Re Conservatorship of Susan Davis Malone (2023). “Malone's] attorneys or Attorney in Fact she should file a non- emergency petition for conservatorship of Susan Davis Malone under T.C.A. § 34-3-104, under a new docket number as a related case so that it will be assign[ed] to Division II.”

In Re: Conservatorship of John Daniel Tate (Tenn. Ct. App. 2011). “In Jewell, the respondent, named Lisa, contended that Tennessee Code Annotated § 34-3-104(7) requires the petitioner to include a “sworn medical examination report,” and that the affidavits of two physicians, Drs.”

— Tenn. Code Ann. § 34-3-104(5) — 1 case

In Re Est. of Miriam L. Rinehart, 363 S.W.3d 186 (Tenn. Ct. App. 2011). “See Tenn.Code Ann. § 34-3-104(5) (requiring that the petition to appoint a conservator include the names, addresses, and relationships of any close relatives of the prospective ward’s).”

— Tenn. Code Ann. § 34-3-104(7) — 2 cases

In Re Conservatorship of Michael S. Starnes (Tenn. Ct. App. 2014). “Starnes alleged that the petition should be dismissed because it failed to: (1) comply with the Tennessee Code Annotated Section 34-3-104 requirement that all petitions seeking appointment of a conservator include a sworn medical 2 examination; (2) include legally sufficient…”

— Tenn. Code Ann. § 34-3-104(8) — 4 cases

In Re Conservatorship of Groves, 109 S.W.3d 317 (Tenn. Ct. App. 2003). “Tenn.Code Ann. § 34-3-104(8) (2001) states that persons adjudged to be incapacitated may lose their right to vote, their power to dispose of property, their power to execute legal instruments, their power to make purchases, their power to contract, their right to hold a valid…”

San Juan-Torregosa v. Garcia, 80 S.W.3d 539 (Tenn. Ct. App. 2002). “§ 34-3-104. The requisites for the appointment are established in this case, as there is clear and convincing evidence of Ms.”

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