How Does the Court Choose a Guardian?
Any person who believes a guardianship is necessary may petition a Tennessee court to appoint a guardian over a child’s person, property, or both. The Court’s primary concern when appointing a guardian is always the best interest of the child or children.
Generally speaking, a Court is unlikely to appoint someone who has been convicted of a felony. Further, the Court is unlikely to appoint someone over a child’s finances if the person cannot qualify for a bond due to a previous bankruptcy, bad credit, or a criminal conviction involving dishonesty.
If one of the child’s parents is alive, the parent will be given preference over all others. Next, the Court will consider the person or persons designated by a deceased parent in a Last Will and Testament or another written document.
Finally, the Court will consider siblings, extended family members, and other interested persons. If no appropriate family members or friends are willing or able to serve, the Court will appoint a private attorney or corporate fiduciary as the child’s Guardian.