(a) When there is no natural guardian of a minor or when a minor has been abandoned and if the minor requires service from the department of children’s services, the duly authorized agent of the commissioner of children’s services of the county in which the minor resides may act as the custodian of the person of the minor with the powers as enumerated in § 37-1-140, until a guardian is appointed.
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Terms Used In Tennessee Code 34-1-103

  • 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
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
(b) The guardianship of the minor may be committed to the duly authorized agent of the commissioner by an instrument in writing signed:

(1) If both parents are then living, by the parents of the child or, if either parent of the child is dead, by the surviving parent;
(2) If either one (1) of the parents has abandoned or neglected to provide for the minor for a period of six (6) months, by the other parent; or
(3) If the minor is born out of wedlock, by the mother of such minor.
(c) The guardianship shall be in accordance with this section and the instrument shall be upon the terms, time and conditions agreed upon by the parties.
(d) The instrument shall be:

(1) Signed;
(2) Acknowledged before a notary public or county clerk; and
(3) Recorded in the office of the county clerk in the county where the instrument is executed, where the minor is residing, or where the county office of the department of children’s services is located.
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