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TCA 37-1-804

Custody – Rights and responsibilities of permanent guardian – Liability

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What does this charge mean?

A permanent guardian has physical custody of the child and the rights and responsibilities to protect, nurture, and discipline the child; provide food, clothing, shelter, education, and necessary medical/dental/mental health care; consent to medical treatment and release medical/educational information; consent to social and school activities and military enlistment or marriage; and make other daily decisions on behalf of the child.

Penalty Details

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Penalty SummaryClassification not specified
(a) The permanent guardian shall maintain physical custody of the child and shall have the following rights and responsibilities concerning the child: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.Child: means : (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102Guardian: 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.(1) To protect, nurture, discipline, and educate the child; (2) To provide food, clothing, shelter, and education as required by law, and necessary health care, including medical, dental and mental health, for the child; (3) To consent to health care, without liability by reason of the consent for injury to the child resulting from the negligence or acts of third persons, unless a parent would have been liable in the circumstances; (4) To authorize a release of health care and educational information; (5) To authorize a release of information when consent of a parent is required by law, regulation, or policy; (6) To consent to social and school activities of the child; (7) To consent to military enlistment or marriage; (8) To obtain representation for the child in legal actions; (9) To determine the nature and extent of the child’s contact with other persons; (10) To make decisions regarding travel; and (11) To manage the child’s income and assets. (b) The permanent guardian is not liable to third persons by reason of the relationship for acts of the child.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section37-1-804