"Who's going to take Care and Watch over them"
Guardianship is a court process where the Probate Court appoints a qualified person to be the "Guardian" over a minor child in order to care for the health and welfare of the child and to manage the child’s estate. The child may be incapacitated due to health issues or have other special needs. The child may have monetary or property assets that require safe keeping and managing until the child becomes an adult.
Whether a minor child is in need of a Guardianship is a legal determination that is made by the Probate Court Judge. When the Court appoints a Guardian, the minor child is often called a “Ward.” If the Court appoints a Guardian solely to manage the assets of the Ward, he or she is often called a “Guardian of the Estate.” If the Guardian is appointed to make decisions about the Ward's medical care or other personal matters, the Guardian is termed the “Guardian of the person.” A Guardian is generally a willing and capable family member, appointed by the Court to oversee the affairs of a minor child who is need of care for their person or their financial affairs. If one or more family members are not available to serve in the capacity of Guardian, the Court will appoint a public Guardian to handle the affairs of the minor child.
The Guardianship will be under the Probate Court supervision until the Guardianship is concluded and no longer needed. In rare cases when the Ward turns eighteen years old the Guardianship may need to change to a Conservatorship.
"A Guardian can be that "helping hand" to the
family member in need"
In Shelby County, Tennessee, Probate Court has jurisdiction to hear matters regarding Guardianship. In this proceeding, a Petition is generally brought by a family member, interested party, or the State of Tennessee to request that the Court appoint a Guardian to manage the personal and or the financial needs of minor child. The establishment of a Guardianship creates the requirement of supervision by the Court and generally an annual accounting of the finances concerning the Ward will be required, as well as the requirement that the Guardian post a bond to protect the Ward’s assets and their estate. Again, we at Eskridge & Eskridge can help you with this process. "We'll Take Care Of You."
At Eskridge & Eskridge can help you through this time in your family’s life. Eskridge & Eskridge will guide you through the process of planning for the needs of your family and for you and your loved one’s care. A complete consultation will be necessary, so call us today. And remember, we make House and Hospital Calls. "We'll Take Care Of You."
For Information regarding adults (over 18 years of age) see "Conservatorship" (click here).
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Yes, the Probate Court will require a Guardianship for each of the minor children. Contact the Firm for more details.
In most cases when the child becomes 18 years of age, the Guardianship will terminate, however, there can be exceptions. Contact the Firm for more details.
Each disabled child’s circumstances are different, in some cases, a disabled child may require a Conservatorship when they become an adult. Please contact our Firm to discuss the details of your particular situation.
All funds belonging to a minor child that are under the jurisdiction of the Court pursuant to a Guardianship must be accounted for and any expenditures must be approved by the Court. Contact our Firm for more details and to discuss your unique situation.