If the court determines a guardian is needed, the court shall enter an order which shall:

(1) Name the guardian or guardians;

Terms Used In Tennessee Code 34-2-105

  • Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Minor: means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated. See Tennessee Code 34-1-101
  • Person: means any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Property management plan: means the plan submitted by the fiduciary for the investment and management of the property of a minor or person with a disability. See Tennessee Code 34-1-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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.
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