# Tenn. Code Ann. § 34-5-106: Petition for appointment of guardian > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-106 ## Section - **Citation:** Tenn. Code Ann. § 34-5-106 - **Heading:** Petition for appointment of guardian - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 34 / Chapter 5 / Section 34-5-106 ## Text (a) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file a petition within thirty (30) days after mailing of notice by the veterans administration to the last known address of the person, if any, indicating the necessity for the appointment, a petition for appointment may be filed by any resident of this state. (b) The petition for appointment shall set forth the name, age and place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the veterans administration, and shall set forth the amount of moneys then due and the amount of probable future payments. (c) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and, if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward. (d) In the case of a mentally incompetent ward, the petition shall show that the ward has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration. Acts 1943, ch. 90, § 5; C. Supp. 1950, § 8558.6 (Williams, §8544); T.C.A. (orig. ed.), § 34-906. (a) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file a petition within thirty (30) days after mailing of notice by the veterans administration to the last known address of the person, if any, indicating the necessity for the appointment, a petition for appointment may be filed by any resident of this state. (b) The petition for appointment shall set forth the name, age and place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the veterans administration, and shall set forth the amount of moneys then due and the amount of probable future payments. (c) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and, if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward. (d) In the case of a mentally incompetent ward, the petition shall show that the ward has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration. Acts 1943, ch. 90, § 5; C. Supp. 1950, § 8558.6 (Williams, §8544); T.C.A. (orig. ed.), § 34-906. ## Nearby sections - [Tenn. Code Ann. § 34-5-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-101.md) - [Tenn. Code Ann. § 34-5-102 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-102.md) - [Tenn. Code Ann. § 34-5-103 Administrator as party in interest](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-103.md) - [Tenn. Code Ann. § 34-5-104 Appointment of guardian when necessary prior to payment of benefits](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-104.md) - [Tenn. Code Ann. § 34-5-105 Limitation on number of wards](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-105.md) - [Tenn. Code Ann. § 34-5-106 Petition for appointment of guardian](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-106.md) - [Tenn. Code Ann. § 34-5-107 Evidence of necessity for guardian of minor](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-107.md) - [Tenn. Code Ann. § 34-5-108 Evidence of necessity for guardian for incompetent](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-108.md) - [Tenn. Code Ann. § 34-5-109 Notice of petition for appointment](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-109.md) - [Tenn. Code Ann. § 34-5-110 Bond of guardian](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-110.md) - [Tenn. Code Ann. § 34-5-111 Accounts - Certificate of examination of securities or investments - Copies sent to veterans administration office - Notice of hearing - Property derived from other sources](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-111.md) - [Tenn. Code Ann. § 34-5-112 Failure to account or furnish copies - Penalty](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-112.md) - [Tenn. Code Ann. § 34-5-113 Compensation of guardians](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-113.md) - [Tenn. Code Ann. § 34-5-114 Investment of funds](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-106. Check the current official text before relying on it. Not legal advice.