Tenn. Code Ann. § 34-1-107 — TN Code / Title 34 / Chapter 1 / Section 34-1-107
Guardian ad litem
Status: in_force

(a) (1) The court may appoint a guardian ad litem in any proceeding and, except as provided in this section, shall appoint a guardian ad litem on filing of a petition for appointment of a fiduciary. If the respondent is represented by counsel who has made an appearance for the respondent, the court may appoint or continue the services of a guardian ad litem or may waive appointment or terminate the services of a guardian ad litem in the best interests of the respondent. (2) The court may waive the appointment of a guardian ad litem if the petitioner or at least one (1) of the petitioners for the appointment is: (A) A parent of the minor for whom a guardian is sought; (B) A minor who has attained fourteen (14) years of age; or (C) An adult respondent. (3) The court may waive the appointment of a guardian ad litem if the court determines the waiver is in the best interests of the minor or person with a disability. (b) If the guardian ad litem is to be appointed, the appointment shall be made no later than ten (10) days from the date the petition for the appointment of the fiduciary was filed. (c) The person appointed guardian ad litem shall be a lawyer licensed to practice in this state. If there are insufficient lawyers within the court's jurisdiction for the appointment of a lawyer as guardian ad litem, the court may appoint a nonlawyer. (d) (1) The guardian ad litem owes a duty to the court to impartially investigate the facts and make a report and recommendations to the court. The guardian ad litem serves as an agent of the court, and is not an advocate for the respondent or any other party. (2) In each proceeding, the guardian ad litem shall: (A) Verify that the respondent and each other person required to be served or notified was served or notified; (B) Consult with the respondent in person as soon as possible after appointment; (C) If possible, explain in language understandable to the respondent the: (i) Substance of the petition; (ii) Nature of the proceedings; (iii) Respondent's right to protest the petition; (iv) Identity of the proposed fiduciary; and (v) Respondent's rights as set forth in § 34-3-106 ; and (D) Make a report and recommendations to the court concerning the issues of: (i) Whether a fiduciary should be appointed for the respondent; (ii) If a fiduciary should be appointed, whether the proposed fiduciary is the appropriate person to be appointed; and (iii) Any other matters as directed by the court. (3) In a proceeding for the appointment of a conservator, the guardian ad litem shall investigate the physical and mental capabilities of the respondent. The guardian ad litem's investigation shall include: (A) An in-person interview with the respondent; and (B) A review of the sworn report required by § 34-3-105 to verify that the sworn statement contains: (i) A detailed description of the respondent's physical or mental conditions or both that may render the respondent a person with a disability; and (ii) A detailed description of how the respondent's physical or mental conditions or both may impair the respondent's ability to function normally. (4) In a proceeding seeking the appointment of a fiduciary to manage the respondent's property, the guardian ad litem shall investigate the: (A) Nature and extent of the respondent's property; and (B) Financial capabilities and integrity of the proposed fiduciary. In evaluating the financial capabilities of the proposed fiduciary, the guardian ad litem may take such actions as directed by the court and as the guardian ad litem deems necessary, which may include but are not limited to: (i) Obtaining and reviewing the proposed fiduciary's credit report; (ii) Inquiring into whether and to what extent the proposed fiduciary has previous experience in managing assets of the same or similar type and value as the respondent's assets; (iii) Inquiring into how the proposed fiduciary plans to manage the respondent's assets; (iv) Inquiring into whether the proposed fiduciary has previously borrowed funds from the respondent or received any financial assistance or benefits from the respondent; and (v) Interview any persons with knowledge and review any documents pertinent to the financial capabilities and integrity of the proposed fiduciary. (e) The order appointing the guardian ad litem shall authorize the guardian ad litem access to records of the respondent in any financial institution and to review medical records, and permit the guardian ad litem to discuss the respondent's physical and mental conditions with any physician, psychologist or other health care provider who may have pertinent information. (f) The guardian ad litem shall make a written report to the court at least three (3) days prior to the date set for hearing the matter, which time period may be waived in the judge's discretion. The written report shall provide the court with the results of the guardian ad litem's investigation. The guardian ad litem's report shall specifically state whether: (1) (A) The respondent wants to contest: (i) The need for a fiduciary; (ii) Merely the person to be the fiduciary; or (iii) Neither; (B) If the respondent wants to contest any portion of the proceeding and the guardian ad litem's opinion is that there should be a fiduciary appointed, the guardian ad litem shall identify the adversary counsel or indicate there is none and request the appointment of an attorney ad litem; (2) A fiduciary should be appointed and, if so, whether: (A) The proposed fiduciary should be appointed; or (B) Someone else, identified by the guardian ad litem, should be appointed; (3) The proposed property management plan should be adopted and, if not, what changes should be considered; (4) The respondent will attend the hearing and, if, in the opinion of the guardian ad litem, it is not in the respondent's best interest to attend, why. (g) Unless the court orders otherwise, the guardian ad litem has no continuing duty once an order has been entered disposing of the petition that caused the guardian ad litem's appointment. (h) When investigating financial records of a respondent, the guardian ad litem shall be the customer within the meaning set forth in title 45, chapter 10, known as the Financial Records Privacy Act. Amended by 2013 Tenn. Acts, ch. 435, s 9, eff. 7/1/2013. Acts 1992, ch. 794, § 8; T.C.A. § 34-11-107; Acts 2004, ch. 771, §1; 2007 , ch. 26, § 1.
(a) (1) The court may appoint a guardian ad litem in any proceeding and, except as provided in this section, shall appoint a guardian ad litem on filing of a petition for appointment of a fiduciary. If the respondent is represented by counsel who has made an appearance for the respondent, the court may appoint or continue the services of a guardian ad litem or may waive appointment or terminate the services of a guardian ad litem in the best interests of the respondent. (2) The court may waive the appointment of a guardian ad litem if the petitioner or at least one (1) of the petitioners for the appointment is: (A) A parent of the minor for whom a guardian is sought; (B) A minor who has attained fourteen (14) years of age; or (C) An adult respondent. (3) The court may waive the appointment of a guardian ad litem if the court determines the waiver is in the best interests of the minor or person with a disability.
(1) The court may appoint a guardian ad litem in any proceeding and, except as provided in this section, shall appoint a guardian ad litem on filing of a petition for appointment of a fiduciary. If the respondent is represented by counsel who has made an appearance for the respondent, the court may appoint or continue the services of a guardian ad litem or may waive appointment or terminate the services of a guardian ad litem in the best interests of the respondent.
(2) The court may waive the appointment of a guardian ad litem if the petitioner or at least one (1) of the petitioners for the appointment is: (A) A parent of the minor for whom a guardian is sought; (B) A minor who has attained fourteen (14) years of age; or (C) An adult respondent.
(A) A parent of the minor for whom a guardian is sought;
(B) A minor who has attained fourteen (14) years of age; or
(C) An adult respondent.
(3) The court may waive the appointment of a guardian ad litem if the court determines the waiver is in the best interests of the minor or person with a disability.
(b) If the guardian ad litem is to be appointed, the appointment shall be made no later than ten (10) days from the date the petition for the appointment of the fiduciary was filed.
(c) The person appointed guardian ad litem shall be a lawyer licensed to practice in this state. If there are insufficient lawyers within the court's jurisdiction for the appointment of a lawyer as guardian ad litem, the court may appoint a nonlawyer.
(d) (1) The guardian ad litem owes a duty to the court to impartially investigate the facts and make a report and recommendations to the court. The guardian ad litem serves as an agent of the court, and is not an advocate for the respondent or any other party. (2) In each proceeding, the guardian ad litem shall: (A) Verify that the respondent and each other person required to be served or notified was served or notified; (B) Consult with the respondent in person as soon as possible after appointment; (C) If possible, explain in language understandable to the respondent the: (i) Substance of the petition; (ii) Nature of the proceedings; (iii) Respondent's right to protest the petition; (iv) Identity of the proposed fiduciary; and (v) Respondent's rights as set forth in § 34-3-106 ; and (D) Make a report and recommendations to the court concerning the issues of: (i) Whether a fiduciary should be appointed for the respondent; (ii) If a fiduciary should be appointed, whether the proposed fiduciary is the appropriate person to be appointed; and (iii) Any other matters as directed by the court. (3) In a proceeding for the appointment of a conservator, the guardian ad litem shall investigate the physical and mental capabilities of the respondent. The guardian ad litem's investigation shall include: (A) An in-person interview with the respondent; and (B) A review of the sworn report required by § 34-3-105 to verify that the sworn statement contains: (i) A detailed description of the respondent's physical or mental conditions or both that may render the respondent a person with a disability; and (ii) A detailed description of how the respondent's physical or mental conditions or both may impair the respondent's ability to function normally. (4) In a proceeding seeking the appointment of a fiduciary to manage the respondent's property, the guardian ad litem shall investigate the: (A) Nature and extent of the respondent's property; and (B) Financial capabilities and integrity of the proposed fiduciary. In evaluating the financial capabilities of the proposed fiduciary, the guardian ad litem may take such actions as directed by the court and as the guardian ad litem deems necessary, which may include but are not limited to: (i) Obtaining and reviewing the proposed fiduciary's credit report; (ii) Inquiring into whether and to what extent the proposed fiduciary has previous experience in managing assets of the same or similar type and value as the respondent's assets; (iii) Inquiring into how the proposed fiduciary plans to manage the respondent's assets; (iv) Inquiring into whether the proposed fiduciary has previously borrowed funds from the respondent or received any financial assistance or benefits from the respondent; and (v) Interview any persons with knowledge and review any documents pertinent to the financial capabilities and integrity of the proposed fiduciary.
(1) The guardian ad litem owes a duty to the court to impartially investigate the facts and make a report and recommendations to the court. The guardian ad litem serves as an agent of the court, and is not an advocate for the respondent or any other party.
(2) In each proceeding, the guardian ad litem shall: (A) Verify that the respondent and each other person required to be served or notified was served or notified; (B) Consult with the respondent in person as soon as possible after appointment; (C) If possible, explain in language understandable to the respondent the: (i) Substance of the petition; (ii) Nature of the proceedings; (iii) Respondent's right to protest the petition; (iv) Identity of the proposed fiduciary; and (v) Respondent's rights as set forth in § 34-3-106 ; and (D) Make a report and recommendations to the court concerning the issues of: (i) Whether a fiduciary should be appointed for the respondent; (ii) If a fiduciary should be appointed, whether the proposed fiduciary is the appropriate person to be appointed; and (iii) Any other matters as directed by the court.
(A) Verify that the respondent and each other person required to be served or notified was served or notified;
(B) Consult with the respondent in person as soon as possible after appointment;
(C) If possible, explain in language understandable to the respondent the: (i) Substance of the petition; (ii) Nature of the proceedings; (iii) Respondent's right to protest the petition; (iv) Identity of the proposed fiduciary; and (v) Respondent's rights as set forth in § 34-3-106 ; and
(i) Substance of the petition;
(ii) Nature of the proceedings;
(iii) Respondent's right to protest the petition;
(iv) Identity of the proposed fiduciary; and
(v) Respondent's rights as set forth in § 34-3-106 ; and
(D) Make a report and recommendations to the court concerning the issues of: (i) Whether a fiduciary should be appointed for the respondent; (ii) If a fiduciary should be appointed, whether the proposed fiduciary is the appropriate person to be appointed; and (iii) Any other matters as directed by the court.
(i) Whether a fiduciary should be appointed for the respondent;
(ii) If a fiduciary should be appointed, whether the proposed fiduciary is the appropriate person to be appointed; and
(iii) Any other matters as directed by the court.
(3) In a proceeding for the appointment of a conservator, the guardian ad litem shall investigate the physical and mental capabilities of the respondent. The guardian ad litem's investigation shall include: (A) An in-person interview with the respondent; and (B) A review of the sworn report required by § 34-3-105 to verify that the sworn statement contains: (i) A detailed description of the respondent's physical or mental conditions or both that may render the respondent a person with a disability; and (ii) A detailed description of how the respondent's physical or mental conditions or both may impair the respondent's ability to function normally.
(A) An in-person interview with the respondent; and
(B) A review of the sworn report required by § 34-3-105 to verify that the sworn statement contains: (i) A detailed description of the respondent's physical or mental conditions or both that may render the respondent a person with a disability; and (ii) A detailed description of how the respondent's physical or mental conditions or both may impair the respondent's ability to function normally.
(i) A detailed description of the respondent's physical or mental conditions or both that may render the respondent a person with a disability; and
(ii) A detailed description of how the respondent's physical or mental conditions or both may impair the respondent's ability to function normally.
(4) In a proceeding seeking the appointment of a fiduciary to manage the respondent's property, the guardian ad litem shall investigate the: (A) Nature and extent of the respondent's property; and (B) Financial capabilities and integrity of the proposed fiduciary. In evaluating the financial capabilities of the proposed fiduciary, the guardian ad litem may take such actions as directed by the court and as the guardian ad litem deems necessary, which may include but are not limited to: (i) Obtaining and reviewing the proposed fiduciary's credit report; (ii) Inquiring into whether and to what extent the proposed fiduciary has previous experience in managing assets of the same or similar type and value as the respondent's assets; (iii) Inquiring into how the proposed fiduciary plans to manage the respondent's assets; (iv) Inquiring into whether the proposed fiduciary has previously borrowed funds from the respondent or received any financial assistance or benefits from the respondent; and (v) Interview any persons with knowledge and review any documents pertinent to the financial capabilities and integrity of the proposed fiduciary.
(A) Nature and extent of the respondent's property; and
(B) Financial capabilities and integrity of the proposed fiduciary. In evaluating the financial capabilities of the proposed fiduciary, the guardian ad litem may take such actions as directed by the court and as the guardian ad litem deems necessary, which may include but are not limited to: (i) Obtaining and reviewing the proposed fiduciary's credit report; (ii) Inquiring into whether and to what extent the proposed fiduciary has previous experience in managing assets of the same or similar type and value as the respondent's assets; (iii) Inquiring into how the proposed fiduciary plans to manage the respondent's assets; (iv) Inquiring into whether the proposed fiduciary has previously borrowed funds from the respondent or received any financial assistance or benefits from the respondent; and (v) Interview any persons with knowledge and review any documents pertinent to the financial capabilities and integrity of the proposed fiduciary.
(i) Obtaining and reviewing the proposed fiduciary's credit report;
(ii) Inquiring into whether and to what extent the proposed fiduciary has previous experience in managing assets of the same or similar type and value as the respondent's assets;
(iii) Inquiring into how the proposed fiduciary plans to manage the respondent's assets;
(iv) Inquiring into whether the proposed fiduciary has previously borrowed funds from the respondent or received any financial assistance or benefits from the respondent; and
(v) Interview any persons with knowledge and review any documents pertinent to the financial capabilities and integrity of the proposed fiduciary.
(e) The order appointing the guardian ad litem shall authorize the guardian ad litem access to records of the respondent in any financial institution and to review medical records, and permit the guardian ad litem to discuss the respondent's physical and mental conditions with any physician, psychologist or other health care provider who may have pertinent information.
(f) The guardian ad litem shall make a written report to the court at least three (3) days prior to the date set for hearing the matter, which time period may be waived in the judge's discretion. The written report shall provide the court with the results of the guardian ad litem's investigation. The guardian ad litem's report shall specifically state whether: (1) (A) The respondent wants to contest: (i) The need for a fiduciary; (ii) Merely the person to be the fiduciary; or (iii) Neither; (B) If the respondent wants to contest any portion of the proceeding and the guardian ad litem's opinion is that there should be a fiduciary appointed, the guardian ad litem shall identify the adversary counsel or indicate there is none and request the appointment of an attorney ad litem; (2) A fiduciary should be appointed and, if so, whether: (A) The proposed fiduciary should be appointed; or (B) Someone else, identified by the guardian ad litem, should be appointed; (3) The proposed property management plan should be adopted and, if not, what changes should be considered; (4) The respondent will attend the hearing and, if, in the opinion of the guardian ad litem, it is not in the respondent's best interest to attend, why.
(1) (A) The respondent wants to contest: (i) The need for a fiduciary; (ii) Merely the person to be the fiduciary; or (iii) Neither; (B) If the respondent wants to contest any portion of the proceeding and the guardian ad litem's opinion is that there should be a fiduciary appointed, the guardian ad litem shall identify the adversary counsel or indicate there is none and request the appointment of an attorney ad litem;
(A) The respondent wants to contest: (i) The need for a fiduciary; (ii) Merely the person to be the fiduciary; or (iii) Neither;
(i) The need for a fiduciary;
(ii) Merely the person to be the fiduciary; or
(iii) Neither;
(B) If the respondent wants to contest any portion of the proceeding and the guardian ad litem's opinion is that there should be a fiduciary appointed, the guardian ad litem shall identify the adversary counsel or indicate there is none and request the appointment of an attorney ad litem;
(2) A fiduciary should be appointed and, if so, whether: (A) The proposed fiduciary should be appointed; or (B) Someone else, identified by the guardian ad litem, should be appointed;
(A) The proposed fiduciary should be appointed; or
(B) Someone else, identified by the guardian ad litem, should be appointed;
(3) The proposed property management plan should be adopted and, if not, what changes should be considered;
(4) The respondent will attend the hearing and, if, in the opinion of the guardian ad litem, it is not in the respondent's best interest to attend, why.
(g) Unless the court orders otherwise, the guardian ad litem has no continuing duty once an order has been entered disposing of the petition that caused the guardian ad litem's appointment.
(h) When investigating financial records of a respondent, the guardian ad litem shall be the customer within the meaning set forth in title 45, chapter 10, known as the Financial Records Privacy Act.
Amended by 2013 Tenn. Acts, ch. 435, s 9, eff. 7/1/2013.
Acts 1992, ch. 794, § 8; T.C.A. § 34-11-107; Acts 2004, ch. 771, §1; 2007 , ch. 26, § 1.
Tenn. Code Ann. § 34-1-113 — TN Code / Title 34 / Chapter 1 / Section 34-1-113
Payments by fiduciary
Status: in_force

(a) The fiduciary is entitled to pay from the property of the minor or person with a disability the costs of any required medical examination, the guardian ad litem fee, bond premium, court costs, attorney fees, fees for income tax preparation and court accountings, investment management fees, taxes or governmental charges for which the minor or person with a disability is obligated and such other expenses as the court determines are necessary for the fiduciary. The fiduciary shall not pay any attorney fee, guardian ad litem fee, fees for income tax preparation and court accountings or investment management fees until the amount of those fees is approved by the court. (b) Either prior to or after payment, the court may approve payments by the fiduciary from the property of the minor or person with a disability that are reasonable considering all relevant factors, are incurred by the fiduciary in good faith on behalf of the minor or person with a disability, and are intended to benefit or protect the minor or person with a disability or such person's property, whether or not an actual benefit or protection is ultimately in fact attained. Such requests and/or payments shall be reviewed by the court pursuant to fiduciary standards. (c) All other expenses, including those that do not comply with the requirements of subsection (b), may be approved by the court, either prior to or after payment, upon a determination that they are reasonable and: (1) They protected or benefited the minor or person with a disability or such person's property; or (2) That their payment is in the best interest of the minor or person with a disability. (d) For purposes of subsection (a), attorney fees shall include fees for preparing fiduciary fee applications and other related filings that are required to be submitted to the court including petitions to secure approval or reimbursement for any expenses paid by the fiduciary that meet the requirements of this section, provided that the amount of those fees is determined by the court to be reasonable in view of the services rendered. (e) Notwithstanding any law to the contrary, the duty of the fiduciary appointed under this title shall not cease at the death of the person with a disability, but shall continue for the sole purpose of making reasonable and proper funeral arrangements for the disposition of the remains of the person with a disability, at death. Upon the death of the person with a disability, the fiduciary shall be allowed credits in the accounting for all reasonable expenses of the person with a disability's funeral. If the estate of the person with a disability has assets in an amount less than five thousand dollars ($5,000), the fiduciary may utilize this entire amount for payment of funeral expenses and will be given credit for the same in the final accounting. Amended by 2013 Tenn. Acts, ch. 435, s 35, eff. 7/1/2013. Acts 1992, ch. 794, § 14; 1994, ch. 855, §6; 1997 , ch. 319, § 1; T.C.A. § 34-11-113.
(a) The fiduciary is entitled to pay from the property of the minor or person with a disability the costs of any required medical examination, the guardian ad litem fee, bond premium, court costs, attorney fees, fees for income tax preparation and court accountings, investment management fees, taxes or governmental charges for which the minor or person with a disability is obligated and such other expenses as the court determines are necessary for the fiduciary. The fiduciary shall not pay any attorney fee, guardian ad litem fee, fees for income tax preparation and court accountings or investment management fees until the amount of those fees is approved by the court.
(b) Either prior to or after payment, the court may approve payments by the fiduciary from the property of the minor or person with a disability that are reasonable considering all relevant factors, are incurred by the fiduciary in good faith on behalf of the minor or person with a disability, and are intended to benefit or protect the minor or person with a disability or such person's property, whether or not an actual benefit or protection is ultimately in fact attained. Such requests and/or payments shall be reviewed by the court pursuant to fiduciary standards.
(c) All other expenses, including those that do not comply with the requirements of subsection (b), may be approved by the court, either prior to or after payment, upon a determination that they are reasonable and: (1) They protected or benefited the minor or person with a disability or such person's property; or (2) That their payment is in the best interest of the minor or person with a disability.
(1) They protected or benefited the minor or person with a disability or such person's property; or
(2) That their payment is in the best interest of the minor or person with a disability.
(d) For purposes of subsection (a), attorney fees shall include fees for preparing fiduciary fee applications and other related filings that are required to be submitted to the court including petitions to secure approval or reimbursement for any expenses paid by the fiduciary that meet the requirements of this section, provided that the amount of those fees is determined by the court to be reasonable in view of the services rendered.
(e) Notwithstanding any law to the contrary, the duty of the fiduciary appointed under this title shall not cease at the death of the person with a disability, but shall continue for the sole purpose of making reasonable and proper funeral arrangements for the disposition of the remains of the person with a disability, at death. Upon the death of the person with a disability, the fiduciary shall be allowed credits in the accounting for all reasonable expenses of the person with a disability's funeral. If the estate of the person with a disability has assets in an amount less than five thousand dollars ($5,000), the fiduciary may utilize this entire amount for payment of funeral expenses and will be given credit for the same in the final accounting.
Amended by 2013 Tenn. Acts, ch. 435, s 35, eff. 7/1/2013.
Acts 1992, ch. 794, § 14; 1994, ch. 855, §6; 1997 , ch. 319, § 1; T.C.A. § 34-11-113.
Tenn. Code Ann. § 34-6-110 — TN Code / Title 34 / Chapter 6 / Section 34-6-110
Gifts under power of attorney
Status: in_force

(a) If any power of attorney or other writing: (1) Authorizes an attorney-in-fact or other agent to do, execute or perform any act that the principal might or could do; or (2) Evidences the principal's intent to give the attorney-in-fact or agent full power to handle the principal's affairs or to deal with the principal's property; then the attorney-in-fact or agent shall have the power and authority to make gifts, in any amount, of any of the principal's property, to any individuals, or to organizations described in §§ 170(c) and 2522(a) of the Internal Revenue Code ( 26 U.S.C. §§ 170 and 2522 ), or corresponding future provisions of the federal tax law, or both, in accordance with the principal's personal history of making or joining in the making of lifetime gifts. This section shall not in any way limit the right or power of any principal, by express words in the power of attorney or other writing, to authorize, or limit the authority of, any attorney-in-fact or other agent to make gifts of the principal's property. (b) If subsection (a) does not apply, an attorney-in-fact or other agent acting under a durable general power of attorney or other writing may petition a court of the principal's domicile for authority to make gifts of the principal's property to the extent not inconsistent with the express terms of the power of attorney or other writing. The court shall determine the amounts, recipients and proportions of any gifts of the principal's property after considering all relevant factors including, without limitation: (1) The value and nature of the assets of the principal's estate; (2) The principal's foreseeable obligations and maintenance needs; (3) The principal's existing estate plan; and (4) The gift and estate tax effects of the gifts. (c) This section is declaratory of existing law in this state; provided, that this section shall not be construed as authorizing the refund of any taxes imposed by title 67, chapter 8. Acts 1997 , ch. 407, § 8.
(a) If any power of attorney or other writing: (1) Authorizes an attorney-in-fact or other agent to do, execute or perform any act that the principal might or could do; or (2) Evidences the principal's intent to give the attorney-in-fact or agent full power to handle the principal's affairs or to deal with the principal's property; then the attorney-in-fact or agent shall have the power and authority to make gifts, in any amount, of any of the principal's property, to any individuals, or to organizations described in §§ 170(c) and 2522(a) of the Internal Revenue Code ( 26 U.S.C. §§ 170 and 2522 ), or corresponding future provisions of the federal tax law, or both, in accordance with the principal's personal history of making or joining in the making of lifetime gifts. This section shall not in any way limit the right or power of any principal, by express words in the power of attorney or other writing, to authorize, or limit the authority of, any attorney-in-fact or other agent to make gifts of the principal's property.
(1) Authorizes an attorney-in-fact or other agent to do, execute or perform any act that the principal might or could do; or
(2) Evidences the principal's intent to give the attorney-in-fact or agent full power to handle the principal's affairs or to deal with the principal's property; then the attorney-in-fact or agent shall have the power and authority to make gifts, in any amount, of any of the principal's property, to any individuals, or to organizations described in §§ 170(c) and 2522(a) of the Internal Revenue Code ( 26 U.S.C. §§ 170 and 2522 ), or corresponding future provisions of the federal tax law, or both, in accordance with the principal's personal history of making or joining in the making of lifetime gifts. This section shall not in any way limit the right or power of any principal, by express words in the power of attorney or other writing, to authorize, or limit the authority of, any attorney-in-fact or other agent to make gifts of the principal's property.
then the attorney-in-fact or agent shall have the power and authority to make gifts, in any amount, of any of the principal's property, to any individuals, or to organizations described in §§ 170(c) and 2522(a) of the Internal Revenue Code ( 26 U.S.C. §§ 170 and 2522 ), or corresponding future provisions of the federal tax law, or both, in accordance with the principal's personal history of making or joining in the making of lifetime gifts. This section shall not in any way limit the right or power of any principal, by express words in the power of attorney or other writing, to authorize, or limit the authority of, any attorney-in-fact or other agent to make gifts of the principal's property.
(b) If subsection (a) does not apply, an attorney-in-fact or other agent acting under a durable general power of attorney or other writing may petition a court of the principal's domicile for authority to make gifts of the principal's property to the extent not inconsistent with the express terms of the power of attorney or other writing. The court shall determine the amounts, recipients and proportions of any gifts of the principal's property after considering all relevant factors including, without limitation: (1) The value and nature of the assets of the principal's estate; (2) The principal's foreseeable obligations and maintenance needs; (3) The principal's existing estate plan; and (4) The gift and estate tax effects of the gifts.
(1) The value and nature of the assets of the principal's estate;
(2) The principal's foreseeable obligations and maintenance needs;
(3) The principal's existing estate plan; and
(4) The gift and estate tax effects of the gifts.
(c) This section is declaratory of existing law in this state; provided, that this section shall not be construed as authorizing the refund of any taxes imposed by title 67, chapter 8.
Acts 1997 , ch. 407, § 8.
Tenn. Code Ann. § 34-5-111 — TN Code / Title 34 / Chapter 5 / Section 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
Status: in_force

(a) Every guardian who has received or shall receive on account of a ward any moneys or other thing of value from the veterans administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true and accurate account under oath of all moneys or other things of value so received by that guardian, all earnings, interest or profits derived from and all property acquired with those moneys or other things of value and of all disbursements from them, and showing the balance of those moneys or other things of value in that guardian's hands at the date of the account and how invested. (b) The guardian, at the time of filing any account, shall exhibit all securities or investments held by the guardian to an officer of the bank or other depository in which the securities or investments are held for safekeeping or to an authorized representative of the corporation that is surety on the guardian's bond, or to the judge or clerk of a court of record in this state, or, upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that that person has examined the securities or investments and identified them with those described in the account, and shall note any omissions or discrepancies. If the depository is the guardian, the certifying officer shall not be the officer verifying the account. The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy of the account a certificate that the securities or investments shown in the account as held by the guardian were each in fact exhibited to the judge and that those exhibited to the judge were the same as those shown in the account, and noting any omission or discrepancy. With respect to funds for which the guardian is accountable, deposited in any bank, federal savings bank or credit union, a guardian's account to the court for those funds may be made in accordance with § 34-1-111(c)(1)(B) . (c) At the time of filing in the court any account, a certified copy of the account and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the veterans administration having jurisdiction over the area in which the court is located. A signed duplicate or a certified copy of any petition, motion or other pleading, pertaining to an account, or to any matter other than an account, and filed in the guardianship proceedings, or in any proceeding for the purpose of removing the disability of minority or mental incapacity, shall be furnished by the person filing the same to the proper office of the veterans administration. Unless a hearing is waived in writing by the attorney of the veterans administration, and by all other persons, if any, entitled to notice, the court shall fix a time and place for the hearing on the account, petition, motion or other pleading not less than fifteen (15) days nor more than thirty (30) days from the date the account, petition, motion or other pleading is filed, unless a different available date is stipulated in writing. Unless waived in writing, written notice of the time and place of hearing shall be given the veterans administration office concerned and the guardian and any others entitled to notice not less than fifteen (15) days prior to the date fixed for the hearing. The notice may be given by mail, in which event it shall be deposited in the mails not less than fifteen (15) days prior to that date. The court, or clerk of the court, shall mail to the veterans administration office a copy of each order entered in any guardianship proceeding in which the administrator is an interested party. (d) If the guardian or conservator is accountable for property derived from sources other than the veterans administration, the guardian or conservator shall be accountable for such other property as is or may be required under the applicable law of this state pertaining to the property of minors or persons adjudicated incompetent who are not beneficiaries of the veterans administration, and as to that other property shall be entitled to the compensation provided by that law. The account for other property may be combined with the account filed in accordance with this section. Acts 1943, ch. 90, § 10; C. Supp. 1950, § 8558.11 (Williams, §8549); T.C.A. (orig. ed.), § 34-911; Acts 1998, ch. 762, §2; 2011 , ch. 47, § 25.
(a) Every guardian who has received or shall receive on account of a ward any moneys or other thing of value from the veterans administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true and accurate account under oath of all moneys or other things of value so received by that guardian, all earnings, interest or profits derived from and all property acquired with those moneys or other things of value and of all disbursements from them, and showing the balance of those moneys or other things of value in that guardian's hands at the date of the account and how invested.
(b) The guardian, at the time of filing any account, shall exhibit all securities or investments held by the guardian to an officer of the bank or other depository in which the securities or investments are held for safekeeping or to an authorized representative of the corporation that is surety on the guardian's bond, or to the judge or clerk of a court of record in this state, or, upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that that person has examined the securities or investments and identified them with those described in the account, and shall note any omissions or discrepancies. If the depository is the guardian, the certifying officer shall not be the officer verifying the account. The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy of the account a certificate that the securities or investments shown in the account as held by the guardian were each in fact exhibited to the judge and that those exhibited to the judge were the same as those shown in the account, and noting any omission or discrepancy. With respect to funds for which the guardian is accountable, deposited in any bank, federal savings bank or credit union, a guardian's account to the court for those funds may be made in accordance with § 34-1-111(c)(1)(B) .
(c) At the time of filing in the court any account, a certified copy of the account and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the veterans administration having jurisdiction over the area in which the court is located. A signed duplicate or a certified copy of any petition, motion or other pleading, pertaining to an account, or to any matter other than an account, and filed in the guardianship proceedings, or in any proceeding for the purpose of removing the disability of minority or mental incapacity, shall be furnished by the person filing the same to the proper office of the veterans administration. Unless a hearing is waived in writing by the attorney of the veterans administration, and by all other persons, if any, entitled to notice, the court shall fix a time and place for the hearing on the account, petition, motion or other pleading not less than fifteen (15) days nor more than thirty (30) days from the date the account, petition, motion or other pleading is filed, unless a different available date is stipulated in writing. Unless waived in writing, written notice of the time and place of hearing shall be given the veterans administration office concerned and the guardian and any others entitled to notice not less than fifteen (15) days prior to the date fixed for the hearing. The notice may be given by mail, in which event it shall be deposited in the mails not less than fifteen (15) days prior to that date. The court, or clerk of the court, shall mail to the veterans administration office a copy of each order entered in any guardianship proceeding in which the administrator is an interested party.
(d) If the guardian or conservator is accountable for property derived from sources other than the veterans administration, the guardian or conservator shall be accountable for such other property as is or may be required under the applicable law of this state pertaining to the property of minors or persons adjudicated incompetent who are not beneficiaries of the veterans administration, and as to that other property shall be entitled to the compensation provided by that law. The account for other property may be combined with the account filed in accordance with this section.
Acts 1943, ch. 90, § 10; C. Supp. 1950, § 8558.11 (Williams, §8549); T.C.A. (orig. ed.), § 34-911; Acts 1998, ch. 762, §2; 2011 , ch. 47, § 25.
Tenn. Code Ann. § 34-1-111 — TN Code / Title 34 / Chapter 1 / Section 34-1-111
Accounting with court - Failure to account
Status: in_force

(a) Except as provided in subsection (i), within thirty (30) days after the six-month anniversary of the fiduciary's date of appointment, the fiduciary shall file a sworn accounting with the court. (b) Except as provided in subsection (i), within sixty (60) days after each anniversary of the accounting required in subsection (a) or any other end of an accounting period selected by the fiduciary after the subsection (a) accounting, the fiduciary shall file a sworn accounting with the court. To select an accounting period end other than the end of the month during which the fiduciary was appointed, the fiduciary shall file a statement with the clerk advising of the accounting period selected. The accounting period shall not exceed twelve (12) months. (c) For good cause, the court may extend the time for filing the accounting. (d) (1) The accounting shall itemize the receipts and the expenditures made during the period covered by the accounting. The same or similar items may be reported collectively. The accounting shall also detail the property held by the fiduciary at the end of the accounting period. To support the financial information reported, the fiduciary shall submit with the accounting: (A) Each bank statement, brokerage statement or other document reporting any financial information; (B) In connection with any accounting, to support the financial information reported, the fiduciary shall submit with the accounting the original of each cancelled check written on the account unless: (i) The fiduciary is a bank to which § 45-2-1002(c) would apply or a savings and loan association or credit union to which § 45-2-1002(c) would apply if the savings and loan association or credit union were a bank, in which case the fiduciary shall comply with § 45-2-1002(c) ; or (ii) The fiduciary account is maintained in a "financial institution" as defined in § 34-1-101 , that does not return the cancelled checks but provides a printed statement showing the date the check cleared, the payee and the amount, in which case the fiduciary shall submit a printed statement from the financial institution; (C) A copy of any United States and Tennessee income tax returns filed on behalf of the minor or person with a disability. If no United States or Tennessee income tax return is due, the fiduciary shall include a statement in the accounting that no such return is due and shall set forth the gross income of the minor or person with a disability, and include information from the Internal Revenue Code or Tennessee Code Annotated evidencing the availability of the claimed exemption; and (D) If the bond is secured by a corporate surety, a statement from the corporate surety that the bond is in force for the next annual period. The surety's liability under the bond shall not be cumulative and shall not exceed the sum of the bond in force at the time of default. (2) The accounting must contain a statement concerning the physical or mental condition of the person with a disability, and the statement must advise the court whether the condition of the respondent continues to require the fiduciary's services, without disclosing medical information required to be kept confidential pursuant to § 34-3-105(f) . (e) When the accounting has been confirmed, the clerk of the court shall return the original documentation required in subsection (c) to the fiduciary. (f) Unless the court has approved an extension of time for filing the accounting, if the fiduciary fails to file the accounting within the required time, the clerk shall promptly notify the fiduciary and the fiduciary's attorney of record. If after notice the accounting has not been filed thirty (30) days thereafter, the clerk shall cite the fiduciary to appear on a date certain and render the accounting. Upon failure to appear as cited, the fiduciary shall be summoned to appear before the court and show cause why the fiduciary should not be held in contempt. (g) Unless the court has authorized an extension of time to file the accounting, if a fiduciary who has been summoned does not respond within thirty (30) days of the date the summons was received by the fiduciary, the court may enter an order revoking the fiduciary's authority and appointing a substitute fiduciary. (h) On the failure of the fiduciary to account, the fiduciary may be charged with the value of the assets at the beginning of the year. The amount shall accrue interest at the prejudgment rate and compound annually until a proper accounting is made and approved. On the issuance of a show cause order and the failure of the fiduciary to appear and explain, the court shall allow the entry of judgment against the fiduciary and the fiduciary's surety for the amount unaccounted for, plus interest. The fiduciary's surety shall be given adequate notice and may appear and make defense. (i) (1) Financial accountings may be excused in the discretion of the court, if the court makes a finding based on the evidence presented at a hearing that waiver of the accountings would be appropriate, would be in the best interest of the minor or person with a disability and that one (1) of the following exists: (A) The fiduciary holds no property of the minor or person with a disability and receives only fixed periodic payments, including, but not limited to, social security, veterans benefits or workers' compensation benefits, and the order appointing the fiduciary authorizes the fiduciary to apply the entire periodic payment to the needs of the minor or person with a disability. The fiduciary holds no property of the minor or person with a disability if the property of the minor or person with a disability is: (i) Deposited with the clerk and master or clerk of the court; (ii) Placed with a financial institution and the fiduciary and the financial institution enter into a written agreement, filed with the court, in which the financial institution agrees it will not permit the fiduciary to withdraw the principal without court approval; or (B) The cost of the accounting would exceed twenty-five percent (25%) of the income produced by the property held by the fiduciary. (2) Subdivision (d)(2) requiring a report regarding the physical or mental condition of the person with a disability may not be waived or excused. (j) This section does not apply to accountings filed pursuant to § 34-5-111 , relating to veterans' guardians. The provisions of this section related to financial accountings do not apply to fiduciaries who do not have authority over the property of the person with a disability. Amended by 2022 Tenn. Acts, ch. 945, s 1, eff. 4/29/2022. Amended by 2013 Tenn. Acts, ch. 435, s 16, eff. 7/1/2013. Acts 1992, ch. 794, § 12; 1994, ch. 855, §§ 4, 5, 16; 1998, ch. 762, §3; T.C.A. § 34-11-111.
(a) Except as provided in subsection (i), within thirty (30) days after the six-month anniversary of the fiduciary's date of appointment, the fiduciary shall file a sworn accounting with the court.
(b) Except as provided in subsection (i), within sixty (60) days after each anniversary of the accounting required in subsection (a) or any other end of an accounting period selected by the fiduciary after the subsection (a) accounting, the fiduciary shall file a sworn accounting with the court. To select an accounting period end other than the end of the month during which the fiduciary was appointed, the fiduciary shall file a statement with the clerk advising of the accounting period selected. The accounting period shall not exceed twelve (12) months.
(c) For good cause, the court may extend the time for filing the accounting.
(d) (1) The accounting shall itemize the receipts and the expenditures made during the period covered by the accounting. The same or similar items may be reported collectively. The accounting shall also detail the property held by the fiduciary at the end of the accounting period. To support the financial information reported, the fiduciary shall submit with the accounting: (A) Each bank statement, brokerage statement or other document reporting any financial information; (B) In connection with any accounting, to support the financial information reported, the fiduciary shall submit with the accounting the original of each cancelled check written on the account unless: (i) The fiduciary is a bank to which § 45-2-1002(c) would apply or a savings and loan association or credit union to which § 45-2-1002(c) would apply if the savings and loan association or credit union were a bank, in which case the fiduciary shall comply with § 45-2-1002(c) ; or (ii) The fiduciary account is maintained in a "financial institution" as defined in § 34-1-101 , that does not return the cancelled checks but provides a printed statement showing the date the check cleared, the payee and the amount, in which case the fiduciary shall submit a printed statement from the financial institution; (C) A copy of any United States and Tennessee income tax returns filed on behalf of the minor or person with a disability. If no United States or Tennessee income tax return is due, the fiduciary shall include a statement in the accounting that no such return is due and shall set forth the gross income of the minor or person with a disability, and include information from the Internal Revenue Code or Tennessee Code Annotated evidencing the availability of the claimed exemption; and (D) If the bond is secured by a corporate surety, a statement from the corporate surety that the bond is in force for the next annual period. The surety's liability under the bond shall not be cumulative and shall not exceed the sum of the bond in force at the time of default. (2) The accounting must contain a statement concerning the physical or mental condition of the person with a disability, and the statement must advise the court whether the condition of the respondent continues to require the fiduciary's services, without disclosing medical information required to be kept confidential pursuant to § 34-3-105(f) .
(1) The accounting shall itemize the receipts and the expenditures made during the period covered by the accounting. The same or similar items may be reported collectively. The accounting shall also detail the property held by the fiduciary at the end of the accounting period. To support the financial information reported, the fiduciary shall submit with the accounting: (A) Each bank statement, brokerage statement or other document reporting any financial information; (B) In connection with any accounting, to support the financial information reported, the fiduciary shall submit with the accounting the original of each cancelled check written on the account unless: (i) The fiduciary is a bank to which § 45-2-1002(c) would apply or a savings and loan association or credit union to which § 45-2-1002(c) would apply if the savings and loan association or credit union were a bank, in which case the fiduciary shall comply with § 45-2-1002(c) ; or (ii) The fiduciary account is maintained in a "financial institution" as defined in § 34-1-101 , that does not return the cancelled checks but provides a printed statement showing the date the check cleared, the payee and the amount, in which case the fiduciary shall submit a printed statement from the financial institution; (C) A copy of any United States and Tennessee income tax returns filed on behalf of the minor or person with a disability. If no United States or Tennessee income tax return is due, the fiduciary shall include a statement in the accounting that no such return is due and shall set forth the gross income of the minor or person with a disability, and include information from the Internal Revenue Code or Tennessee Code Annotated evidencing the availability of the claimed exemption; and (D) If the bond is secured by a corporate surety, a statement from the corporate surety that the bond is in force for the next annual period. The surety's liability under the bond shall not be cumulative and shall not exceed the sum of the bond in force at the time of default.
(A) Each bank statement, brokerage statement or other document reporting any financial information;
(B) In connection with any accounting, to support the financial information reported, the fiduciary shall submit with the accounting the original of each cancelled check written on the account unless: (i) The fiduciary is a bank to which § 45-2-1002(c) would apply or a savings and loan association or credit union to which § 45-2-1002(c) would apply if the savings and loan association or credit union were a bank, in which case the fiduciary shall comply with § 45-2-1002(c) ; or (ii) The fiduciary account is maintained in a "financial institution" as defined in § 34-1-101 , that does not return the cancelled checks but provides a printed statement showing the date the check cleared, the payee and the amount, in which case the fiduciary shall submit a printed statement from the financial institution;
(i) The fiduciary is a bank to which § 45-2-1002(c) would apply or a savings and loan association or credit union to which § 45-2-1002(c) would apply if the savings and loan association or credit union were a bank, in which case the fiduciary shall comply with § 45-2-1002(c) ; or
(ii) The fiduciary account is maintained in a "financial institution" as defined in § 34-1-101 , that does not return the cancelled checks but provides a printed statement showing the date the check cleared, the payee and the amount, in which case the fiduciary shall submit a printed statement from the financial institution;
(C) A copy of any United States and Tennessee income tax returns filed on behalf of the minor or person with a disability. If no United States or Tennessee income tax return is due, the fiduciary shall include a statement in the accounting that no such return is due and shall set forth the gross income of the minor or person with a disability, and include information from the Internal Revenue Code or Tennessee Code Annotated evidencing the availability of the claimed exemption; and
(D) If the bond is secured by a corporate surety, a statement from the corporate surety that the bond is in force for the next annual period. The surety's liability under the bond shall not be cumulative and shall not exceed the sum of the bond in force at the time of default.
(2) The accounting must contain a statement concerning the physical or mental condition of the person with a disability, and the statement must advise the court whether the condition of the respondent continues to require the fiduciary's services, without disclosing medical information required to be kept confidential pursuant to § 34-3-105(f) .
(e) When the accounting has been confirmed, the clerk of the court shall return the original documentation required in subsection (c) to the fiduciary.
(f) Unless the court has approved an extension of time for filing the accounting, if the fiduciary fails to file the accounting within the required time, the clerk shall promptly notify the fiduciary and the fiduciary's attorney of record. If after notice the accounting has not been filed thirty (30) days thereafter, the clerk shall cite the fiduciary to appear on a date certain and render the accounting. Upon failure to appear as cited, the fiduciary shall be summoned to appear before the court and show cause why the fiduciary should not be held in contempt.
(g) Unless the court has authorized an extension of time to file the accounting, if a fiduciary who has been summoned does not respond within thirty (30) days of the date the summons was received by the fiduciary, the court may enter an order revoking the fiduciary's authority and appointing a substitute fiduciary.
(h) On the failure of the fiduciary to account, the fiduciary may be charged with the value of the assets at the beginning of the year. The amount shall accrue interest at the prejudgment rate and compound annually until a proper accounting is made and approved. On the issuance of a show cause order and the failure of the fiduciary to appear and explain, the court shall allow the entry of judgment against the fiduciary and the fiduciary's surety for the amount unaccounted for, plus interest. The fiduciary's surety shall be given adequate notice and may appear and make defense.
(i) (1) Financial accountings may be excused in the discretion of the court, if the court makes a finding based on the evidence presented at a hearing that waiver of the accountings would be appropriate, would be in the best interest of the minor or person with a disability and that one (1) of the following exists: (A) The fiduciary holds no property of the minor or person with a disability and receives only fixed periodic payments, including, but not limited to, social security, veterans benefits or workers' compensation benefits, and the order appointing the fiduciary authorizes the fiduciary to apply the entire periodic payment to the needs of the minor or person with a disability. The fiduciary holds no property of the minor or person with a disability if the property of the minor or person with a disability is: (i) Deposited with the clerk and master or clerk of the court; (ii) Placed with a financial institution and the fiduciary and the financial institution enter into a written agreement, filed with the court, in which the financial institution agrees it will not permit the fiduciary to withdraw the principal without court approval; or (B) The cost of the accounting would exceed twenty-five percent (25%) of the income produced by the property held by the fiduciary. (2) Subdivision (d)(2) requiring a report regarding the physical or mental condition of the person with a disability may not be waived or excused.
(1) Financial accountings may be excused in the discretion of the court, if the court makes a finding based on the evidence presented at a hearing that waiver of the accountings would be appropriate, would be in the best interest of the minor or person with a disability and that one (1) of the following exists: (A) The fiduciary holds no property of the minor or person with a disability and receives only fixed periodic payments, including, but not limited to, social security, veterans benefits or workers' compensation benefits, and the order appointing the fiduciary authorizes the fiduciary to apply the entire periodic payment to the needs of the minor or person with a disability. The fiduciary holds no property of the minor or person with a disability if the property of the minor or person with a disability is: (i) Deposited with the clerk and master or clerk of the court; (ii) Placed with a financial institution and the fiduciary and the financial institution enter into a written agreement, filed with the court, in which the financial institution agrees it will not permit the fiduciary to withdraw the principal without court approval; or (B) The cost of the accounting would exceed twenty-five percent (25%) of the income produced by the property held by the fiduciary.
(A) The fiduciary holds no property of the minor or person with a disability and receives only fixed periodic payments, including, but not limited to, social security, veterans benefits or workers' compensation benefits, and the order appointing the fiduciary authorizes the fiduciary to apply the entire periodic payment to the needs of the minor or person with a disability. The fiduciary holds no property of the minor or person with a disability if the property of the minor or person with a disability is: (i) Deposited with the clerk and master or clerk of the court; (ii) Placed with a financial institution and the fiduciary and the financial institution enter into a written agreement, filed with the court, in which the financial institution agrees it will not permit the fiduciary to withdraw the principal without court approval; or
(i) Deposited with the clerk and master or clerk of the court;
(ii) Placed with a financial institution and the fiduciary and the financial institution enter into a written agreement, filed with the court, in which the financial institution agrees it will not permit the fiduciary to withdraw the principal without court approval; or
(B) The cost of the accounting would exceed twenty-five percent (25%) of the income produced by the property held by the fiduciary.
(2) Subdivision (d)(2) requiring a report regarding the physical or mental condition of the person with a disability may not be waived or excused.
(j) This section does not apply to accountings filed pursuant to § 34-5-111 , relating to veterans' guardians. The provisions of this section related to financial accountings do not apply to fiduciaries who do not have authority over the property of the person with a disability.
Amended by 2022 Tenn. Acts, ch. 945, s 1, eff. 4/29/2022.
Amended by 2013 Tenn. Acts, ch. 435, s 16, eff. 7/1/2013.
Acts 1992, ch. 794, § 12; 1994, ch. 855, §§ 4, 5, 16; 1998, ch. 762, §3; T.C.A. § 34-11-111.
Tenn. Code Ann. § 34-8-401 — TN Code / Title 34 / Chapter 8 / Section 34-8-401
Registration of guardianship orders
Status: in_force

If a conservator or guardian has been appointed in another state and a petition for the appointment of a conservator or guardian is not pending in this state, the conservator or guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the conservatorship or guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office. Acts 2010, ch. 817, § 1.
If a conservator or guardian has been appointed in another state and a petition for the appointment of a conservator or guardian is not pending in this state, the conservator or guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the conservatorship or guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-1-101 — TN Code / Title 34 / Chapter 1 / Section 34-1-101
Chapter 1-3 definitions
Status: in_force

As used in this chapter and chapters 2 and 3 of this title, unless the context otherwise requires: (1) "Adversary counsel" means a private lawyer hired by a respondent to represent the respondent's interest in any action under this chapter and chapters 2 and 3 of this title; (2) "Attorney ad litem" means an attorney appointed by the court to act as counsel for the respondent; (3) "Closest relative" or "closest relatives" means the person or persons who are in the level of intestate heirs nearest to the respondent under the Tennessee laws of intestate succession. If there are two (2) or more closest relatives, all such persons shall be treated equally; (4) (A) "Conservator" or "co-conservators" means a person or persons or an entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity as determined and required by the orders of the court; (B) "Conservatorship" is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators; (5) "Corporate surety" means a corporation admitted to do business in the state and licensed under title 56, chapter 2; (6) "Court" means any court having jurisdiction to hear matters concerning guardians or conservators; (7) "Fiduciary" means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in § 35-16-102(12)(A) ; (8) "Financial institution" means a bank as defined by § 45-2-107 , a savings and loan association as defined by § 45-3-104 , a credit union subject to title 45, chapter 4, or a nonprofit general welfare corporation as defined in § 45-2-105 ; (9) "Guardian" or "coguardian" means a person or persons appointed by the court to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor; (10) "Guardian ad litem" means a person meeting the qualifications set forth in § 34-1-107(c) appointed by the court to investigate the allegations in a petition, perform the duties set forth in § 34-1-107(d) and report to the court with recommendations as to the best interests of the respondent; (11) "Least restrictive alternatives" means techniques and processes that preserve as many decision-making rights as practical under the particular circumstances for the person with a disability; (12) "Minor" means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated; (13) "Person" means any individual, nonhuman entity or governmental agency; (14) "Person with a disability" means any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity; (15) "Physician" means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state; (16) "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; (17) "Psychologist" means a psychologist who is licensed to practice in this state; and (18) "Respondent" means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought. Amended by 2019 Tenn. Acts, ch. 340, s 3, eff. 5/10/2019. Amended by 2018 Tenn. Acts, ch. 605, s 1, eff. 4/2/2018. Amended by 2013 Tenn. Acts, ch. 435, s 2, eff. 7/1/2013. Acts 1992, ch. 794, § 2; 1994, ch. 901, § 4; 1996, ch. 811, § 1; T.C.A. §34-11-101; Acts 2010 , ch. 831, § 1.
As used in this chapter and chapters 2 and 3 of this title, unless the context otherwise requires:
(1) "Adversary counsel" means a private lawyer hired by a respondent to represent the respondent's interest in any action under this chapter and chapters 2 and 3 of this title;
(2) "Attorney ad litem" means an attorney appointed by the court to act as counsel for the respondent;
(3) "Closest relative" or "closest relatives" means the person or persons who are in the level of intestate heirs nearest to the respondent under the Tennessee laws of intestate succession. If there are two (2) or more closest relatives, all such persons shall be treated equally;
(4) (A) "Conservator" or "co-conservators" means a person or persons or an entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity as determined and required by the orders of the court; (B) "Conservatorship" is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators;
(A) "Conservator" or "co-conservators" means a person or persons or an entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity as determined and required by the orders of the court;
(B) "Conservatorship" is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators;
(5) "Corporate surety" means a corporation admitted to do business in the state and licensed under title 56, chapter 2;
(6) "Court" means any court having jurisdiction to hear matters concerning guardians or conservators;
(7) "Fiduciary" means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in § 35-16-102(12)(A) ;
(8) "Financial institution" means a bank as defined by § 45-2-107 , a savings and loan association as defined by § 45-3-104 , a credit union subject to title 45, chapter 4, or a nonprofit general welfare corporation as defined in § 45-2-105 ;
(9) "Guardian" or "coguardian" means a person or persons appointed by the court to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor;
(10) "Guardian ad litem" means a person meeting the qualifications set forth in § 34-1-107(c) appointed by the court to investigate the allegations in a petition, perform the duties set forth in § 34-1-107(d) and report to the court with recommendations as to the best interests of the respondent;
(11) "Least restrictive alternatives" means techniques and processes that preserve as many decision-making rights as practical under the particular circumstances for the person with a disability;
(12) "Minor" means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated;
(13) "Person" means any individual, nonhuman entity or governmental agency;
(14) "Person with a disability" means any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity;
(15) "Physician" means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state;
(16) "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;
(17) "Psychologist" means a psychologist who is licensed to practice in this state; and
(18) "Respondent" means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought.
Amended by 2019 Tenn. Acts, ch. 340, s 3, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 605, s 1, eff. 4/2/2018.
Amended by 2013 Tenn. Acts, ch. 435, s 2, eff. 7/1/2013.
Acts 1992, ch. 794, § 2; 1994, ch. 901, § 4; 1996, ch. 811, § 1; T.C.A. §34-11-101; Acts 2010 , ch. 831, § 1.
Tenn. Code Ann. § 34-5-121 — TN Code / Title 34 / Chapter 5 / Section 34-5-121
Application of other laws
Status: in_force

Except where inconsistent with this chapter, the laws of this state relating to guardian and ward and the judicial practice relating to those laws, including the right to trial by jury and the right of appeal, shall be applicable to beneficiaries and their estate. Acts 1943, ch. 90, § 22; mod. C. Supp. 1950, § 8558.21 (Williams, § 8558.3); T.C.A. (orig. ed.), § 34-921.
Except where inconsistent with this chapter, the laws of this state relating to guardian and ward and the judicial practice relating to those laws, including the right to trial by jury and the right of appeal, shall be applicable to beneficiaries and their estate.
Acts 1943, ch. 90, § 22; mod. C. Supp. 1950, § 8558.21 (Williams, § 8558.3); T.C.A. (orig. ed.), § 34-921.
Tenn. Code Ann. § 34-1-109 — TN Code / Title 34 / Chapter 1 / Section 34-1-109
When fiduciary's appointment becomes effective - Evidence of appointment - Liability - Fiduciary oath
Status: in_force

(a) On the entry of an order appointing the fiduciary, the administration of the oath as provided in subsection (b) and the posting of any required bond, the fiduciary's appointment becomes effective. The only effective evidence of appointment shall be duly issued letters of guardianship or conservatorship. Except for violations of § 39-14-101 , the fiduciary shall have no liability for any act done pursuant to the order appointing the fiduciary between the date of the entry of the order and the date of the vacation of the order if the order is set aside on appeal. (b) (1) Before delivering the letters of guardianship or conservatorship, the clerk shall administer to the fiduciary or fiduciaries an oath for the faithful performance of the fiduciary's duties. (2) At the request of the proposed conservator or guardian, the court may waive the requirement that the clerk administer an in-person oath. If the in-person oath is waived, then the fiduciary must file with the clerk a written fiduciary oath that contains all language required pursuant to this subsection (b) and is sworn or affirmed by the fiduciary in the presence of a notary public. (3) All fiduciary oaths must include the following language: "I understand the needs and preferences of the respondent are important and should be considered. I will treat the respondent with respect. I will not physically, mentally, sexually, or financially abuse or exploit the respondent. I will follow the orders of the court. I understand that if an authority is not specifically listed in the court's order, then I cannot make the decision on behalf of the respondent." (4) If the fiduciary is a guardian or conservator over property, then the oath must include the language provided in subdivision (b)(3) and the following language: "I PROMISE I WILL: 1. Make decisions based upon the best interest of the respondent. 2. Notify the court if my address changes or if the address of the respondent changes. 3. Notify the court if I believe the respondent no longer needs a conservator. 4. File all required reports, including, but not limited to, inventory reports, property management plans, status reports, annual and final accountings, tax returns, corporate security statements, and social security statements of account, on time unless waived by the court. 5. Open a conservatorship bank account and deposit all income of the respondent into the account. 6. Maintain accurate records. If an accounting is required, I understand that I must provide all required financial statements, including, but not limited to, bank statements, investment statements, credit card statements, cancelled checks, invoices, receipts, and tax returns. I PROMISE I WILL NOT: 1. Limit the respondent's communication with others or access to visitors unless specifically authorized to do so by the court. 2. Spend the respondent's money or use the respondent's property for my benefit, or pay myself without court approval. 3. Spend the respondent's money or use the respondent's property for the benefit of someone else without the court's approval. 4. Make gifts on behalf of the respondent without court approval. 5. Deposit money belonging to anyone other than the respondent into the conservatorship bank account. 6. Borrow money from the respondent, loan the respondent's money to others, or use the respondent's assets to loan money to others. 7. Mortgage or sell the respondent's real property without court approval. 8. Spend more than one thousand dollars ($1,000) on a single expenditure without express permission granted in a property management plan or other court order. 9. Retitle the respondent's assets into my name. 10. Pay guardian ad litem fees, attorney ad litem fees, attorney fees, or fees for professional tax preparation without specific court approval." (5) If the fiduciary is a guardian or conservator over the respondent's person, then the oath must include the language provided in subdivision (b)(3) and the following language: "I PROMISE I WILL: 1. Make decisions based upon the best interest of the respondent. 2. Notify the court if my address changes or if the respondent's address changes. 3. Notify the court if I believe the respondent no longer needs a conservator. 4. File all required reports, including, but not limited to, inventory reports, property management plans, status reports, annual and final accountings, tax returns, corporate security statements, and social security statements of account, on time unless waived by the court. I PROMISE I WILL NOT: 1. Limit the respondent's communication with others unless specifically authorized to do so by the court. 2. Limit the respondent's access to visitors unless specifically authorized to do so by the court." (c) The social security number of the respondent shall be given to the duly appointed fiduciary and used in any other manner approved by the court. The court may release the social security number to a third party upon good cause shown and upon conditions that the court may deem appropriate. Amended by 2024 Tenn. Acts, ch. 582,s 1, eff. 7/1/2024. Amended by 2013 Tenn. Acts, ch. 435, s 34, eff. 7/1/2013. Acts 1992, ch. 794, § 10; 1994, ch. 855, § 3; T.C.A. §34-11-109; Acts 2004, ch. 866, §11; 2007 , ch. 26, § 2.
(a) On the entry of an order appointing the fiduciary, the administration of the oath as provided in subsection (b) and the posting of any required bond, the fiduciary's appointment becomes effective. The only effective evidence of appointment shall be duly issued letters of guardianship or conservatorship. Except for violations of § 39-14-101 , the fiduciary shall have no liability for any act done pursuant to the order appointing the fiduciary between the date of the entry of the order and the date of the vacation of the order if the order is set aside on appeal.
(b) (1) Before delivering the letters of guardianship or conservatorship, the clerk shall administer to the fiduciary or fiduciaries an oath for the faithful performance of the fiduciary's duties. (2) At the request of the proposed conservator or guardian, the court may waive the requirement that the clerk administer an in-person oath. If the in-person oath is waived, then the fiduciary must file with the clerk a written fiduciary oath that contains all language required pursuant to this subsection (b) and is sworn or affirmed by the fiduciary in the presence of a notary public. (3) All fiduciary oaths must include the following language: "I understand the needs and preferences of the respondent are important and should be considered. I will treat the respondent with respect. I will not physically, mentally, sexually, or financially abuse or exploit the respondent. I will follow the orders of the court. I understand that if an authority is not specifically listed in the court's order, then I cannot make the decision on behalf of the respondent." (4) If the fiduciary is a guardian or conservator over property, then the oath must include the language provided in subdivision (b)(3) and the following language: "I PROMISE I WILL: 1. Make decisions based upon the best interest of the respondent. 2. Notify the court if my address changes or if the address of the respondent changes. 3. Notify the court if I believe the respondent no longer needs a conservator. 4. File all required reports, including, but not limited to, inventory reports, property management plans, status reports, annual and final accountings, tax returns, corporate security statements, and social security statements of account, on time unless waived by the court. 5. Open a conservatorship bank account and deposit all income of the respondent into the account. 6. Maintain accurate records. If an accounting is required, I understand that I must provide all required financial statements, including, but not limited to, bank statements, investment statements, credit card statements, cancelled checks, invoices, receipts, and tax returns. I PROMISE I WILL NOT: 1. Limit the respondent's communication with others or access to visitors unless specifically authorized to do so by the court. 2. Spend the respondent's money or use the respondent's property for my benefit, or pay myself without court approval. 3. Spend the respondent's money or use the respondent's property for the benefit of someone else without the court's approval. 4. Make gifts on behalf of the respondent without court approval. 5. Deposit money belonging to anyone other than the respondent into the conservatorship bank account. 6. Borrow money from the respondent, loan the respondent's money to others, or use the respondent's assets to loan money to others. 7. Mortgage or sell the respondent's real property without court approval. 8. Spend more than one thousand dollars ($1,000) on a single expenditure without express permission granted in a property management plan or other court order. 9. Retitle the respondent's assets into my name. 10. Pay guardian ad litem fees, attorney ad litem fees, attorney fees, or fees for professional tax preparation without specific court approval." (5) If the fiduciary is a guardian or conservator over the respondent's person, then the oath must include the language provided in subdivision (b)(3) and the following language: "I PROMISE I WILL: 1. Make decisions based upon the best interest of the respondent. 2. Notify the court if my address changes or if the respondent's address changes. 3. Notify the court if I believe the respondent no longer needs a conservator. 4. File all required reports, including, but not limited to, inventory reports, property management plans, status reports, annual and final accountings, tax returns, corporate security statements, and social security statements of account, on time unless waived by the court. I PROMISE I WILL NOT: 1. Limit the respondent's communication with others unless specifically authorized to do so by the court. 2. Limit the respondent's access to visitors unless specifically authorized to do so by the court."
(1) Before delivering the letters of guardianship or conservatorship, the clerk shall administer to the fiduciary or fiduciaries an oath for the faithful performance of the fiduciary's duties.
(2) At the request of the proposed conservator or guardian, the court may waive the requirement that the clerk administer an in-person oath. If the in-person oath is waived, then the fiduciary must file with the clerk a written fiduciary oath that contains all language required pursuant to this subsection (b) and is sworn or affirmed by the fiduciary in the presence of a notary public.
(3) All fiduciary oaths must include the following language: "I understand the needs and preferences of the respondent are important and should be considered. I will treat the respondent with respect. I will not physically, mentally, sexually, or financially abuse or exploit the respondent. I will follow the orders of the court. I understand that if an authority is not specifically listed in the court's order, then I cannot make the decision on behalf of the respondent."
"I understand the needs and preferences of the respondent are important and should be considered. I will treat the respondent with respect. I will not physically, mentally, sexually, or financially abuse or exploit the respondent.
I will follow the orders of the court. I understand that if an authority is not specifically listed in the court's order, then I cannot make the decision on behalf of the respondent."
(4) If the fiduciary is a guardian or conservator over property, then the oath must include the language provided in subdivision (b)(3) and the following language: "I PROMISE I WILL: 1. Make decisions based upon the best interest of the respondent. 2. Notify the court if my address changes or if the address of the respondent changes. 3. Notify the court if I believe the respondent no longer needs a conservator. 4. File all required reports, including, but not limited to, inventory reports, property management plans, status reports, annual and final accountings, tax returns, corporate security statements, and social security statements of account, on time unless waived by the court. 5. Open a conservatorship bank account and deposit all income of the respondent into the account. 6. Maintain accurate records. If an accounting is required, I understand that I must provide all required financial statements, including, but not limited to, bank statements, investment statements, credit card statements, cancelled checks, invoices, receipts, and tax returns. I PROMISE I WILL NOT: 1. Limit the respondent's communication with others or access to visitors unless specifically authorized to do so by the court. 2. Spend the respondent's money or use the respondent's property for my benefit, or pay myself without court approval. 3. Spend the respondent's money or use the respondent's property for the benefit of someone else without the court's approval. 4. Make gifts on behalf of the respondent without court approval. 5. Deposit money belonging to anyone other than the respondent into the conservatorship bank account. 6. Borrow money from the respondent, loan the respondent's money to others, or use the respondent's assets to loan money to others. 7. Mortgage or sell the respondent's real property without court approval. 8. Spend more than one thousand dollars ($1,000) on a single expenditure without express permission granted in a property management plan or other court order. 9. Retitle the respondent's assets into my name. 10. Pay guardian ad litem fees, attorney ad litem fees, attorney fees, or fees for professional tax preparation without specific court approval."
"I PROMISE I WILL:
1. Make decisions based upon the best interest of the respondent.
2. Notify the court if my address changes or if the address of the respondent changes.
3. Notify the court if I believe the respondent no longer needs a conservator.
4. File all required reports, including, but not limited to, inventory reports, property management plans, status reports, annual and final accountings, tax returns, corporate security statements, and social security statements of account, on time unless waived by the court.
5. Open a conservatorship bank account and deposit all income of the respondent into the account.
6. Maintain accurate records. If an accounting is required, I understand that I must provide all required financial statements, including, but not limited to, bank statements, investment statements, credit card statements, cancelled checks, invoices, receipts, and tax returns.
I PROMISE I WILL NOT:
1. Limit the respondent's communication with others or access to visitors unless specifically authorized to do so by the court.
2. Spend the respondent's money or use the respondent's property for my benefit, or pay myself without court approval.
3. Spend the respondent's money or use the respondent's property for the benefit of someone else without the court's approval.
4. Make gifts on behalf of the respondent without court approval.
5. Deposit money belonging to anyone other than the respondent into the conservatorship bank account.
6. Borrow money from the respondent, loan the respondent's money to others, or use the respondent's assets to loan money to others.
7. Mortgage or sell the respondent's real property without court approval.
8. Spend more than one thousand dollars ($1,000) on a single expenditure without express permission granted in a property management plan or other court order.
9. Retitle the respondent's assets into my name.
10. Pay guardian ad litem fees, attorney ad litem fees, attorney fees, or fees for professional tax preparation without specific court approval."
(5) If the fiduciary is a guardian or conservator over the respondent's person, then the oath must include the language provided in subdivision (b)(3) and the following language: "I PROMISE I WILL: 1. Make decisions based upon the best interest of the respondent. 2. Notify the court if my address changes or if the respondent's address changes. 3. Notify the court if I believe the respondent no longer needs a conservator. 4. File all required reports, including, but not limited to, inventory reports, property management plans, status reports, annual and final accountings, tax returns, corporate security statements, and social security statements of account, on time unless waived by the court. I PROMISE I WILL NOT: 1. Limit the respondent's communication with others unless specifically authorized to do so by the court. 2. Limit the respondent's access to visitors unless specifically authorized to do so by the court."
"I PROMISE I WILL:
1. Make decisions based upon the best interest of the respondent.
2. Notify the court if my address changes or if the respondent's address changes.
3. Notify the court if I believe the respondent no longer needs a conservator.
4. File all required reports, including, but not limited to, inventory reports, property management plans, status reports, annual and final accountings, tax returns, corporate security statements, and social security statements of account, on time unless waived by the court.
I PROMISE I WILL NOT:
1. Limit the respondent's communication with others unless specifically authorized to do so by the court.
2. Limit the respondent's access to visitors unless specifically authorized to do so by the court."
(c) The social security number of the respondent shall be given to the duly appointed fiduciary and used in any other manner approved by the court. The court may release the social security number to a third party upon good cause shown and upon conditions that the court may deem appropriate.
Amended by 2024 Tenn. Acts, ch. 582,s 1, eff. 7/1/2024.
Amended by 2013 Tenn. Acts, ch. 435, s 34, eff. 7/1/2013.
Acts 1992, ch. 794, § 10; 1994, ch. 855, § 3; T.C.A. §34-11-109; Acts 2004, ch. 866, §11; 2007 , ch. 26, § 2.
Tenn. Code Ann. § 34-6-215 — TN Code / Title 34 / Chapter 6 / Section 34-6-215
Power of attorney executed outside Tennessee - When effective
Status: in_force

A durable power of attorney for health care that is executed outside of this state by a nonresident of this state at the time of execution shall be given effect in this state if that durable power of attorney for health care is in compliance with either this chapter or the laws of the state of the principal's residence. Acts 1991, ch. 344, § 12.
A durable power of attorney for health care that is executed outside of this state by a nonresident of this state at the time of execution shall be given effect in this state if that durable power of attorney for health care is in compliance with either this chapter or the laws of the state of the principal's residence.
Acts 1991, ch. 344, § 12.
Tenn. Code Ann. § 34-5-106 — TN Code / Title 34 / Chapter 5 / Section 34-5-106
Petition for appointment of guardian
Status: in_force

(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.
Tenn. Code Ann. § 34-1-102 — TN Code / Title 34 / Chapter 1 / Section 34-1-102
Parents as joint and equal natural guardians of minors - Custody of minors - Support of minors over eighteen (18)
Status: in_force

(a) Parents are the joint natural guardians of their minor children, and are equally and jointly charged with their care, nurture, welfare, education and support and also with the care, management and expenditure of their estates. Each parent has equal powers, rights and duties with respect to the custody of each of their minor children and the control of the services and earnings of each minor child; provided, that so much of the net income of each minor child as may be necessary may be expended by a parent (without the necessity of court authorization) for the child's care, maintenance and education. Funds of a minor held by a guardian shall not be expended to relieve or minimize the obligation of the parent or parents to support the minor. (b) Parents shall continue to be responsible for the support of each child for whom they are responsible after the child reaches eighteen (18) years of age if the child is in high school. The duty of support shall continue until the child graduates from high school or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs first. (c) If either parent dies or is incapable of acting, the guardianship of each minor child shall devolve upon the other parent. (d) If the parents of a minor child are divorced, the court may award the guardianship of the property of the minor child to the parent who, in the court's judgment, would best serve the welfare of the minor child and the child's estate. The parent appointed guardian of the child's estate may, but does not have to be, the parent with legal custody. The appointment of a parent as legal guardian does not affect the custodial decree of the divorce court except in those situations in which the guardianship of the minor or legal custody is committed to the department of children's services, in which case the order of the court having jurisdiction of the guardian proceedings or custodial proceedings under title 37 shall control. Acts 1992, ch. 794, § 3; 1996, ch. 1079, § 67; T.C.A. § 34-11-102.
(a) Parents are the joint natural guardians of their minor children, and are equally and jointly charged with their care, nurture, welfare, education and support and also with the care, management and expenditure of their estates. Each parent has equal powers, rights and duties with respect to the custody of each of their minor children and the control of the services and earnings of each minor child; provided, that so much of the net income of each minor child as may be necessary may be expended by a parent (without the necessity of court authorization) for the child's care, maintenance and education. Funds of a minor held by a guardian shall not be expended to relieve or minimize the obligation of the parent or parents to support the minor.
(b) Parents shall continue to be responsible for the support of each child for whom they are responsible after the child reaches eighteen (18) years of age if the child is in high school. The duty of support shall continue until the child graduates from high school or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs first.
(c) If either parent dies or is incapable of acting, the guardianship of each minor child shall devolve upon the other parent.
(d) If the parents of a minor child are divorced, the court may award the guardianship of the property of the minor child to the parent who, in the court's judgment, would best serve the welfare of the minor child and the child's estate. The parent appointed guardian of the child's estate may, but does not have to be, the parent with legal custody. The appointment of a parent as legal guardian does not affect the custodial decree of the divorce court except in those situations in which the guardianship of the minor or legal custody is committed to the department of children's services, in which case the order of the court having jurisdiction of the guardian proceedings or custodial proceedings under title 37 shall control.
Acts 1992, ch. 794, § 3; 1996, ch. 1079, § 67; T.C.A. § 34-11-102.
Tenn. Code Ann. § 34-6-205 — TN Code / Title 34 / Chapter 6 / Section 34-6-205
Warning Statement
Status: in_force

If a person other than the principal prepares a durable power of attorney for health care for the principal, the document shall contain the following warning statement. The failure to include the warning statement in the document shall not affect the validity of the document: WARNING TO PERSON EXECUTING THIS DOCUMENT This is an important legal document. Before executing this document you should know these important facts. This document gives the person you designate as your agent (the attorney in fact) the power to make health care decisions for you. Your agent must act consistently with your desires as stated in this document. Except as you otherwise specify in this document, this document gives your agent the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive. Notwithstanding this document, you have the right to make medical and other health care decisions for yourself so long as you can give informed consent with respect to the particular decision. In addition, no treatment may be given to you over your objection, and health care necessary to keep you alive may not be stopped or withheld if you object at the time. This document gives your agent authority to consent, to refuse to consent, or to withdraw consent to any care, treatment, service, or procedure to maintain, diagnose or treat a physical or mental condition. This power is subject to any limitations that you include in this document. You may state in this document any types of treatment that you do not desire. In addition, a court can take away the power of your agent to make health care decisions for you if your agent: (1) authorizes anything that is illegal; or (2) acts contrary to your desires as stated in this document. You have the right to revoke the authority of your agent by notifying your agent or your treating physician, hospital or other health care provider orally or in writing of the revocation. Your agent has the right to examine your medical records and to consent to their disclosure unless you limit this right in this document. Unless you otherwise specify in this document, this document gives your agent the power after you die to: (1) authorize an autopsy; (2) donate your body or parts thereof for transplant or therapeutic or educational or scientific purposes; and (3) direct the disposition of your remains. If there is anything in this document that you do not understand, you should ask an attorney to explain it to you. Acts 1990, ch. 831, § 5.
If a person other than the principal prepares a durable power of attorney for health care for the principal, the document shall contain the following warning statement. The failure to include the warning statement in the document shall not affect the validity of the document:
WARNING TO PERSON EXECUTING THIS DOCUMENT
This is an important legal document. Before executing this document you should know these important facts.
This document gives the person you designate as your agent (the attorney in fact) the power to make health care decisions for you. Your agent must act consistently with your desires as stated in this document.
Except as you otherwise specify in this document, this document gives your agent the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive.
Notwithstanding this document, you have the right to make medical and other health care decisions for yourself so long as you can give informed consent with respect to the particular decision. In addition, no treatment may be given to you over your objection, and health care necessary to keep you alive may not be stopped or withheld if you object at the time.
This document gives your agent authority to consent, to refuse to consent, or to withdraw consent to any care, treatment, service, or procedure to maintain, diagnose or treat a physical or mental condition. This power is subject to any limitations that you include in this document. You may state in this document any types of treatment that you do not desire. In addition, a court can take away the power of your agent to make health care decisions for you if your agent:
(1) authorizes anything that is illegal; or
(2) acts contrary to your desires as stated in this document.
You have the right to revoke the authority of your agent by notifying your agent or your treating physician, hospital or other health care provider orally or in writing of the revocation.
Your agent has the right to examine your medical records and to consent to their disclosure unless you limit this right in this document.
Unless you otherwise specify in this document, this document gives your agent the power after you die to:
(1) authorize an autopsy;
(2) donate your body or parts thereof for transplant or therapeutic or educational or scientific purposes; and
(3) direct the disposition of your remains.
If there is anything in this document that you do not understand, you should ask an attorney to explain it to you.
Acts 1990, ch. 831, § 5.
Tenn. Code Ann. § 34-6-206 — TN Code / Title 34 / Chapter 6 / Section 34-6-206
Access to medical records and information - Compulsory time frame for provision of records
Status: in_force

(a) Except to the extent the right is limited by the durable power of attorney for health care, an attorney in fact designated to make health care decisions under the durable power of attorney has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records, and to consent to the disclosure of medical records. (b) (1) Except as provided in subdivisions (b)(2) and (4)-(6), an attorney in fact designated to make healthcare decisions under a durable power of attorney for health care has a right to in-person visitation with the principal at a hospital where the principal is located to evaluate the principal's condition. A hospital shall permit the attorney in fact to conduct no less than one (1) in-person visit with the principal during the hospital's regular visitation hours each day the principal is in the hospital. The hospital shall make a reasonable effort to ensure that each visit is a minimum of one (1) hour in duration. (2) A hospital may require that an attorney in fact who is entering the hospital's premises for purposes of visitation pursuant to subdivision (b)(1) submit to non-invasive health and safety protocols. (3) Except as provided in subdivisions (b)(4)-(6), the visitation right specified in subdivision (b)(1) must not be terminated, suspended, waived, or otherwise limited upon the declaration of a disaster or emergency by the governor or the governor's designee, or by another individual or entity acting on behalf of this state or a political subdivision of this state. (4) The principal may limit the visitation right specified in subdivision (b)(1) by: (A) Indicating such limitation in the durable power of attorney for healthcare; or (B) Notifying the healthcare provider orally or in writing that the principal declines a visit. (5) The visitation right specified in subdivision (b)(1) does not apply to a principal who, while in the hospital, is being detained by or is in the custody of a law enforcement officer, correctional officer, or hospital security personnel. (6) The hospital may limit the visitation right specified in subdivision (b)(1) while the principal is undergoing a surgical or other invasive procedure. (7) As used in this subsection (b), "hospital" has the same meaning as defined in § 68-11-201 . (c) Notwithstanding another law to the contrary, a health care provider shall provide to the attorney in fact a copy of the principal's medical records within ten (10) working days of receipt of a written request by the attorney in fact or principal. The health care provider may provide a summary of the principal's medical records, at the option of the health care provider, but the provision of a summary does not satisfy the attorney in fact's or principal's right to receive, or serve as a substitute for, a full medical record under this subsection (c). Amended by 2024 Tenn. Acts, ch. 831,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 766,s 1, eff. 7/1/2024. Acts 1990, ch. 831, § 6.
(a) Except to the extent the right is limited by the durable power of attorney for health care, an attorney in fact designated to make health care decisions under the durable power of attorney has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records, and to consent to the disclosure of medical records.
(b) (1) Except as provided in subdivisions (b)(2) and (4)-(6), an attorney in fact designated to make healthcare decisions under a durable power of attorney for health care has a right to in-person visitation with the principal at a hospital where the principal is located to evaluate the principal's condition. A hospital shall permit the attorney in fact to conduct no less than one (1) in-person visit with the principal during the hospital's regular visitation hours each day the principal is in the hospital. The hospital shall make a reasonable effort to ensure that each visit is a minimum of one (1) hour in duration. (2) A hospital may require that an attorney in fact who is entering the hospital's premises for purposes of visitation pursuant to subdivision (b)(1) submit to non-invasive health and safety protocols. (3) Except as provided in subdivisions (b)(4)-(6), the visitation right specified in subdivision (b)(1) must not be terminated, suspended, waived, or otherwise limited upon the declaration of a disaster or emergency by the governor or the governor's designee, or by another individual or entity acting on behalf of this state or a political subdivision of this state. (4) The principal may limit the visitation right specified in subdivision (b)(1) by: (A) Indicating such limitation in the durable power of attorney for healthcare; or (B) Notifying the healthcare provider orally or in writing that the principal declines a visit. (5) The visitation right specified in subdivision (b)(1) does not apply to a principal who, while in the hospital, is being detained by or is in the custody of a law enforcement officer, correctional officer, or hospital security personnel. (6) The hospital may limit the visitation right specified in subdivision (b)(1) while the principal is undergoing a surgical or other invasive procedure. (7) As used in this subsection (b), "hospital" has the same meaning as defined in § 68-11-201 .
(1) Except as provided in subdivisions (b)(2) and (4)-(6), an attorney in fact designated to make healthcare decisions under a durable power of attorney for health care has a right to in-person visitation with the principal at a hospital where the principal is located to evaluate the principal's condition. A hospital shall permit the attorney in fact to conduct no less than one (1) in-person visit with the principal during the hospital's regular visitation hours each day the principal is in the hospital. The hospital shall make a reasonable effort to ensure that each visit is a minimum of one (1) hour in duration.
(2) A hospital may require that an attorney in fact who is entering the hospital's premises for purposes of visitation pursuant to subdivision (b)(1) submit to non-invasive health and safety protocols.
(3) Except as provided in subdivisions (b)(4)-(6), the visitation right specified in subdivision (b)(1) must not be terminated, suspended, waived, or otherwise limited upon the declaration of a disaster or emergency by the governor or the governor's designee, or by another individual or entity acting on behalf of this state or a political subdivision of this state.
(4) The principal may limit the visitation right specified in subdivision (b)(1) by: (A) Indicating such limitation in the durable power of attorney for healthcare; or (B) Notifying the healthcare provider orally or in writing that the principal declines a visit.
(A) Indicating such limitation in the durable power of attorney for healthcare; or
(B) Notifying the healthcare provider orally or in writing that the principal declines a visit.
(5) The visitation right specified in subdivision (b)(1) does not apply to a principal who, while in the hospital, is being detained by or is in the custody of a law enforcement officer, correctional officer, or hospital security personnel.
(6) The hospital may limit the visitation right specified in subdivision (b)(1) while the principal is undergoing a surgical or other invasive procedure.
(7) As used in this subsection (b), "hospital" has the same meaning as defined in § 68-11-201 .
(c) Notwithstanding another law to the contrary, a health care provider shall provide to the attorney in fact a copy of the principal's medical records within ten (10) working days of receipt of a written request by the attorney in fact or principal. The health care provider may provide a summary of the principal's medical records, at the option of the health care provider, but the provision of a summary does not satisfy the attorney in fact's or principal's right to receive, or serve as a substitute for, a full medical record under this subsection (c).
Amended by 2024 Tenn. Acts, ch. 831,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 766,s 1, eff. 7/1/2024.
Acts 1990, ch. 831, § 6.
Tenn. Code Ann. § 34-1-117 — TN Code / Title 34 / Chapter 1 / Section 34-1-117
Resignation of fiduciary - Transfer of fiduciary relationship
Status: in_force

(a) A fiduciary may resign by submitting a written request to the court. If the court approves and the fiduciary submits a final accounting that is approved, the resignation of the fiduciary shall be effective on the date set by the court. (b) For minors, the court shall permit the transfer of the fiduciary relationship to another county, state or country if the court finds that either: (1) The minor and the serving Tennessee fiduciary have both moved to another county, state or country and the serving Tennessee fiduciary has been appointed the fiduciary in the other county, state or country; or (2) Only the minor has moved to another county, state or country and a fiduciary other than the serving Tennessee fiduciary has been appointed the fiduciary in the other county, state or country. (c) For minors, the procedure to seek the transfer of the fiduciary relationship jurisdiction to a court other than the Tennessee court currently supervising the fiduciary relationship shall be the following: (1) The fiduciary, who may be the serving Tennessee fiduciary or the fiduciary appointed in the other jurisdiction, shall file a sworn petition in the Tennessee court currently supervising the fiduciary relationship. The petition shall contain the following: (A) A brief statement of the reason or reasons for the removal of the minor from the county of the Tennessee court currently supervising the fiduciary relationship; (B) A certified copy of the document evidencing the appointment of a fiduciary for the minor in the new jurisdiction that is the place of actual residence of the minor; (C) An accounting of the minor's property up to the date of the filing of the petition. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (D) A prayer for the removal of the fiduciary proceedings to the new jurisdiction; and (E) If appropriate, a prayer for the removal of the minor's property to the new jurisdiction; (2) Upon the hearing of the petition, the petitioning fiduciary shall provide the court with the following: (A) Satisfactory evidence that the minor and, if applicable, the serving Tennessee fiduciary have moved from the county of the Tennessee court currently supervising the fiduciary relationship and are actually residing in the new jurisdiction; (B) An accounting of the minor's property up to the date of the hearing. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (C) A certified copy of the order of the court appointing the fiduciary in the new jurisdiction; and (D) A copy of the bond given by the fiduciary in the new jurisdiction with a certificate of the clerk of the court that the bond was signed; (3) If upon the hearing the court is satisfied with the sufficiency of the evidence presented and the court determines that it is in the best interests of the minor the court shall: (A) Order the removal of the fiduciary proceedings and, if applicable, the minor's property to the jurisdiction of the actual residence of the minor; and (B) Discharge the Tennessee fiduciary and the fiduciary's surety on the bond in the Tennessee proceedings; and (4) Upon the granting of the order, the court shall transfer to the appropriate court in the new jurisdiction a copy of the accounting of the serving Tennessee fiduciary and all records pertaining to the fiduciary relationship. (d) For a disabled adult person, the court shall permit the transfer of the fiduciary relationship to another county, if the court finds that either: (1) The disabled adult person and the serving Tennessee fiduciary have both moved to another county, and the serving Tennessee fiduciary has been appointed the fiduciary in the other county; or (2) Only the disabled adult person has moved to another county, and a fiduciary other than the serving Tennessee fiduciary has been appointed the fiduciary in the other county. (e) For a disabled adult person, the procedure to seek the transfer of the fiduciary relationship jurisdiction to a court in another county other than the Tennessee court currently supervising the fiduciary relationship shall be the following: (1) The fiduciary, who may be the serving Tennessee fiduciary or the fiduciary appointed in the other county, shall file a sworn petition in the Tennessee court currently supervising the fiduciary relationship. The petition shall contain the following: (A) A brief statement of the reason or reasons for the removal of the person with a disability from the county of the Tennessee court currently supervising the fiduciary relationship; (B) A certified copy of the document evidencing the appointment of a fiduciary for the person with a disability in the new jurisdiction that is the place of actual residence of the minor or person with a disability; (C) An accounting of the disabled adult person's property up to the date of the filing of the petition. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (D) A prayer for the removal of the fiduciary proceedings to the new jurisdiction; and (E) If appropriate, a prayer for the removal of the disabled adult person's property to the new jurisdiction; (2) Upon the hearing of the petition, the petitioning fiduciary shall provide the court with the following: (A) Satisfactory evidence that the disabled adult person and, if applicable, the serving Tennessee fiduciary have moved from the county of the Tennessee court currently supervising the fiduciary relationship and are actually residing in the new jurisdiction; (B) An accounting of the person with a disability's property up to the date of the hearing. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (C) A certified copy of the order of the court appointing the fiduciary in the new jurisdiction; and (D) A copy of the bond given by the fiduciary in the new jurisdiction with a certificate of the clerk of the court that the bond was signed; (3) If upon the hearing the court is satisfied with the sufficiency of the evidence presented and the court determines it is in the best interests of the person with a disability, the court shall: (A) Order the removal of the fiduciary proceedings and, if applicable, the adult person with a disability's property to the jurisdiction of the actual residence of the adult person with a disability; and (B) Discharge the Tennessee fiduciary and the fiduciary's surety on the bond in the Tennessee proceedings; and (4) Upon the granting of the order, the court shall transfer to the appropriate court in the new jurisdiction a copy of the accounting of the serving Tennessee fiduciary and all records pertaining to the fiduciary relationship. (f) Other issues relating to subject matter jurisdiction of conservatorships, guardianships and protective proceedings shall be governed by chapter 8 of this title. Amended by 2017 Tenn. Acts, ch. 290, s 12, eff. 7/1/2017. Amended by 2013 Tenn. Acts, ch. 435, s 39, eff. 7/1/2013. Acts 1992, ch. 794, § 18; 1994, ch. 855, § 10; T.C.A. §34-11-117; Acts 2010 , ch. 817, § 2.
(a) A fiduciary may resign by submitting a written request to the court. If the court approves and the fiduciary submits a final accounting that is approved, the resignation of the fiduciary shall be effective on the date set by the court.
(b) For minors, the court shall permit the transfer of the fiduciary relationship to another county, state or country if the court finds that either: (1) The minor and the serving Tennessee fiduciary have both moved to another county, state or country and the serving Tennessee fiduciary has been appointed the fiduciary in the other county, state or country; or (2) Only the minor has moved to another county, state or country and a fiduciary other than the serving Tennessee fiduciary has been appointed the fiduciary in the other county, state or country.
(1) The minor and the serving Tennessee fiduciary have both moved to another county, state or country and the serving Tennessee fiduciary has been appointed the fiduciary in the other county, state or country; or
(2) Only the minor has moved to another county, state or country and a fiduciary other than the serving Tennessee fiduciary has been appointed the fiduciary in the other county, state or country.
(c) For minors, the procedure to seek the transfer of the fiduciary relationship jurisdiction to a court other than the Tennessee court currently supervising the fiduciary relationship shall be the following: (1) The fiduciary, who may be the serving Tennessee fiduciary or the fiduciary appointed in the other jurisdiction, shall file a sworn petition in the Tennessee court currently supervising the fiduciary relationship. The petition shall contain the following: (A) A brief statement of the reason or reasons for the removal of the minor from the county of the Tennessee court currently supervising the fiduciary relationship; (B) A certified copy of the document evidencing the appointment of a fiduciary for the minor in the new jurisdiction that is the place of actual residence of the minor; (C) An accounting of the minor's property up to the date of the filing of the petition. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (D) A prayer for the removal of the fiduciary proceedings to the new jurisdiction; and (E) If appropriate, a prayer for the removal of the minor's property to the new jurisdiction; (2) Upon the hearing of the petition, the petitioning fiduciary shall provide the court with the following: (A) Satisfactory evidence that the minor and, if applicable, the serving Tennessee fiduciary have moved from the county of the Tennessee court currently supervising the fiduciary relationship and are actually residing in the new jurisdiction; (B) An accounting of the minor's property up to the date of the hearing. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (C) A certified copy of the order of the court appointing the fiduciary in the new jurisdiction; and (D) A copy of the bond given by the fiduciary in the new jurisdiction with a certificate of the clerk of the court that the bond was signed; (3) If upon the hearing the court is satisfied with the sufficiency of the evidence presented and the court determines that it is in the best interests of the minor the court shall: (A) Order the removal of the fiduciary proceedings and, if applicable, the minor's property to the jurisdiction of the actual residence of the minor; and (B) Discharge the Tennessee fiduciary and the fiduciary's surety on the bond in the Tennessee proceedings; and (4) Upon the granting of the order, the court shall transfer to the appropriate court in the new jurisdiction a copy of the accounting of the serving Tennessee fiduciary and all records pertaining to the fiduciary relationship.
(1) The fiduciary, who may be the serving Tennessee fiduciary or the fiduciary appointed in the other jurisdiction, shall file a sworn petition in the Tennessee court currently supervising the fiduciary relationship. The petition shall contain the following: (A) A brief statement of the reason or reasons for the removal of the minor from the county of the Tennessee court currently supervising the fiduciary relationship; (B) A certified copy of the document evidencing the appointment of a fiduciary for the minor in the new jurisdiction that is the place of actual residence of the minor; (C) An accounting of the minor's property up to the date of the filing of the petition. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (D) A prayer for the removal of the fiduciary proceedings to the new jurisdiction; and (E) If appropriate, a prayer for the removal of the minor's property to the new jurisdiction;
(A) A brief statement of the reason or reasons for the removal of the minor from the county of the Tennessee court currently supervising the fiduciary relationship;
(B) A certified copy of the document evidencing the appointment of a fiduciary for the minor in the new jurisdiction that is the place of actual residence of the minor;
(C) An accounting of the minor's property up to the date of the filing of the petition. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting;
(D) A prayer for the removal of the fiduciary proceedings to the new jurisdiction; and
(E) If appropriate, a prayer for the removal of the minor's property to the new jurisdiction;
(2) Upon the hearing of the petition, the petitioning fiduciary shall provide the court with the following: (A) Satisfactory evidence that the minor and, if applicable, the serving Tennessee fiduciary have moved from the county of the Tennessee court currently supervising the fiduciary relationship and are actually residing in the new jurisdiction; (B) An accounting of the minor's property up to the date of the hearing. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (C) A certified copy of the order of the court appointing the fiduciary in the new jurisdiction; and (D) A copy of the bond given by the fiduciary in the new jurisdiction with a certificate of the clerk of the court that the bond was signed;
(A) Satisfactory evidence that the minor and, if applicable, the serving Tennessee fiduciary have moved from the county of the Tennessee court currently supervising the fiduciary relationship and are actually residing in the new jurisdiction;
(B) An accounting of the minor's property up to the date of the hearing. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting;
(C) A certified copy of the order of the court appointing the fiduciary in the new jurisdiction; and
(D) A copy of the bond given by the fiduciary in the new jurisdiction with a certificate of the clerk of the court that the bond was signed;
(3) If upon the hearing the court is satisfied with the sufficiency of the evidence presented and the court determines that it is in the best interests of the minor the court shall: (A) Order the removal of the fiduciary proceedings and, if applicable, the minor's property to the jurisdiction of the actual residence of the minor; and (B) Discharge the Tennessee fiduciary and the fiduciary's surety on the bond in the Tennessee proceedings; and
(A) Order the removal of the fiduciary proceedings and, if applicable, the minor's property to the jurisdiction of the actual residence of the minor; and
(B) Discharge the Tennessee fiduciary and the fiduciary's surety on the bond in the Tennessee proceedings; and
(4) Upon the granting of the order, the court shall transfer to the appropriate court in the new jurisdiction a copy of the accounting of the serving Tennessee fiduciary and all records pertaining to the fiduciary relationship.
(d) For a disabled adult person, the court shall permit the transfer of the fiduciary relationship to another county, if the court finds that either: (1) The disabled adult person and the serving Tennessee fiduciary have both moved to another county, and the serving Tennessee fiduciary has been appointed the fiduciary in the other county; or (2) Only the disabled adult person has moved to another county, and a fiduciary other than the serving Tennessee fiduciary has been appointed the fiduciary in the other county.
(1) The disabled adult person and the serving Tennessee fiduciary have both moved to another county, and the serving Tennessee fiduciary has been appointed the fiduciary in the other county; or
(2) Only the disabled adult person has moved to another county, and a fiduciary other than the serving Tennessee fiduciary has been appointed the fiduciary in the other county.
(e) For a disabled adult person, the procedure to seek the transfer of the fiduciary relationship jurisdiction to a court in another county other than the Tennessee court currently supervising the fiduciary relationship shall be the following: (1) The fiduciary, who may be the serving Tennessee fiduciary or the fiduciary appointed in the other county, shall file a sworn petition in the Tennessee court currently supervising the fiduciary relationship. The petition shall contain the following: (A) A brief statement of the reason or reasons for the removal of the person with a disability from the county of the Tennessee court currently supervising the fiduciary relationship; (B) A certified copy of the document evidencing the appointment of a fiduciary for the person with a disability in the new jurisdiction that is the place of actual residence of the minor or person with a disability; (C) An accounting of the disabled adult person's property up to the date of the filing of the petition. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (D) A prayer for the removal of the fiduciary proceedings to the new jurisdiction; and (E) If appropriate, a prayer for the removal of the disabled adult person's property to the new jurisdiction; (2) Upon the hearing of the petition, the petitioning fiduciary shall provide the court with the following: (A) Satisfactory evidence that the disabled adult person and, if applicable, the serving Tennessee fiduciary have moved from the county of the Tennessee court currently supervising the fiduciary relationship and are actually residing in the new jurisdiction; (B) An accounting of the person with a disability's property up to the date of the hearing. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (C) A certified copy of the order of the court appointing the fiduciary in the new jurisdiction; and (D) A copy of the bond given by the fiduciary in the new jurisdiction with a certificate of the clerk of the court that the bond was signed; (3) If upon the hearing the court is satisfied with the sufficiency of the evidence presented and the court determines it is in the best interests of the person with a disability, the court shall: (A) Order the removal of the fiduciary proceedings and, if applicable, the adult person with a disability's property to the jurisdiction of the actual residence of the adult person with a disability; and (B) Discharge the Tennessee fiduciary and the fiduciary's surety on the bond in the Tennessee proceedings; and (4) Upon the granting of the order, the court shall transfer to the appropriate court in the new jurisdiction a copy of the accounting of the serving Tennessee fiduciary and all records pertaining to the fiduciary relationship.
(1) The fiduciary, who may be the serving Tennessee fiduciary or the fiduciary appointed in the other county, shall file a sworn petition in the Tennessee court currently supervising the fiduciary relationship. The petition shall contain the following: (A) A brief statement of the reason or reasons for the removal of the person with a disability from the county of the Tennessee court currently supervising the fiduciary relationship; (B) A certified copy of the document evidencing the appointment of a fiduciary for the person with a disability in the new jurisdiction that is the place of actual residence of the minor or person with a disability; (C) An accounting of the disabled adult person's property up to the date of the filing of the petition. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (D) A prayer for the removal of the fiduciary proceedings to the new jurisdiction; and (E) If appropriate, a prayer for the removal of the disabled adult person's property to the new jurisdiction;
(A) A brief statement of the reason or reasons for the removal of the person with a disability from the county of the Tennessee court currently supervising the fiduciary relationship;
(B) A certified copy of the document evidencing the appointment of a fiduciary for the person with a disability in the new jurisdiction that is the place of actual residence of the minor or person with a disability;
(C) An accounting of the disabled adult person's property up to the date of the filing of the petition. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting;
(D) A prayer for the removal of the fiduciary proceedings to the new jurisdiction; and
(E) If appropriate, a prayer for the removal of the disabled adult person's property to the new jurisdiction;
(2) Upon the hearing of the petition, the petitioning fiduciary shall provide the court with the following: (A) Satisfactory evidence that the disabled adult person and, if applicable, the serving Tennessee fiduciary have moved from the county of the Tennessee court currently supervising the fiduciary relationship and are actually residing in the new jurisdiction; (B) An accounting of the person with a disability's property up to the date of the hearing. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting; (C) A certified copy of the order of the court appointing the fiduciary in the new jurisdiction; and (D) A copy of the bond given by the fiduciary in the new jurisdiction with a certificate of the clerk of the court that the bond was signed;
(A) Satisfactory evidence that the disabled adult person and, if applicable, the serving Tennessee fiduciary have moved from the county of the Tennessee court currently supervising the fiduciary relationship and are actually residing in the new jurisdiction;
(B) An accounting of the person with a disability's property up to the date of the hearing. If the petitioning fiduciary is not the serving Tennessee fiduciary, the court may require the serving Tennessee fiduciary to submit the accounting;
(C) A certified copy of the order of the court appointing the fiduciary in the new jurisdiction; and
(D) A copy of the bond given by the fiduciary in the new jurisdiction with a certificate of the clerk of the court that the bond was signed;
(3) If upon the hearing the court is satisfied with the sufficiency of the evidence presented and the court determines it is in the best interests of the person with a disability, the court shall: (A) Order the removal of the fiduciary proceedings and, if applicable, the adult person with a disability's property to the jurisdiction of the actual residence of the adult person with a disability; and (B) Discharge the Tennessee fiduciary and the fiduciary's surety on the bond in the Tennessee proceedings; and
(A) Order the removal of the fiduciary proceedings and, if applicable, the adult person with a disability's property to the jurisdiction of the actual residence of the adult person with a disability; and
(B) Discharge the Tennessee fiduciary and the fiduciary's surety on the bond in the Tennessee proceedings; and
(4) Upon the granting of the order, the court shall transfer to the appropriate court in the new jurisdiction a copy of the accounting of the serving Tennessee fiduciary and all records pertaining to the fiduciary relationship.
(f) Other issues relating to subject matter jurisdiction of conservatorships, guardianships and protective proceedings shall be governed by chapter 8 of this title.
Amended by 2017 Tenn. Acts, ch. 290, s 12, eff. 7/1/2017.
Amended by 2013 Tenn. Acts, ch. 435, s 39, eff. 7/1/2013.
Acts 1992, ch. 794, § 18; 1994, ch. 855, § 10; T.C.A. §34-11-117; Acts 2010 , ch. 817, § 2.
Tenn. Code Ann. § 34-6-109 — TN Code / Title 34 / Chapter 6 / Section 34-6-109
Attorney in fact - Powers
Status: in_force

Without diminution or restriction of the powers vested in the attorney in fact, by law or elsewhere in the instrument, and subject to all other provisions of the instrument, the attorney in fact, without the necessity of procuring any judicial authorization, or approval, shall be vested with and in the application of the attorney in fact's best judgment and discretion on behalf of the principal shall be authorized to exercise the powers specifically enumerated in this section: (1) Generally do, sign or perform in the principal's name, place and stead any act, deed, matter or thing whatsoever, that ought to be done, signed or performed, or that, in the opinion of the attorney in fact, ought to be done, signed or performed in and about the premises, of every nature and kind whatsoever, to all intents and purposes whatsoever, as fully and effectually as the principal could do if personally present and acting. The enumeration of specific powers hereunder shall not in any way limit the general powers conferred here; (2) Receive from or disburse to any source whatever moneys through checking or savings or other accounts or otherwise, endorse, sign and issue checks, withdrawal receipts or any other instrument, and open or close any accounts in the principal's name alone or jointly with any other person; (3) Buy, sell, lease, alter, maintain, pledge or in any way deal with real and personal property and sign each instrument necessary or advisable to complete any real or personal property transaction, including, but not limited to, deeds, deeds of trust, closing statements, options, notes and bills of sale; (4) Make, sign and file each income, gift, property or any other tax return or declaration required by the United States or any state, county, municipality or other legally constituted authority; (5) Acquire, maintain, cancel or in any manner deal with any policy of life, accident, disability, hospitalization, medical or casualty insurance, and prosecute each claim for benefits due under any policy; (6) Provide for the support and protection of the principal, or of the principal's spouse, or of any minor child of the principal or of the principal's spouse dependent upon the principal, including, without limitation, provision for food, lodging, housing, medical services, recreation and travel; (7) Have free and private access to any safe deposit box in the principal's individual name, alone or with others, in any bank, including authority to have it drilled, with full right to deposit and withdraw from the safe deposit box or to give full discharge for the safe deposit box; (8) Receive and give receipt for any money or other obligation due or to become due to the principal from the United States, or any agency or subdivision of the United States, and to act as representative payee for any payment to which the principal may be entitled, and effect redemption of any bond or other security in which the United States, or any agency or subdivision of the United States, is the obligor or payor, and give full discharge therefor; (9) Contract for or employ agents, accountants, advisors, attorneys and others for services in connection with the performance by the principal's attorney in fact of any powers in this section; (10) Buy United States government bonds redeemable at par in payment of any United States estate taxes imposed at principal's death; (11) Borrow money for any of the purposes described in this section, and secure the borrowings in the manner the principal's attorney in fact deems appropriate, and use any credit card held in the principal's name for any of the purposes described in this section; (12) Establish, utilize, and terminate checking and savings accounts, money market accounts and agency accounts with financial institutions of all kinds, including securities brokers and corporate fiduciaries; (13) Invest or reinvest each item of money or other property and lend money or property upon the terms and conditions and with the security the principal's attorney in fact may deem appropriate, or renew, extend, or modify loans, all in accordance with the fiduciary standards of § 35-3-117 ; (14) Engage in and transact any and all lawful business of whatever nature or kind for the principal and in the principal's name, whether as partner, joint adventurer, stockholder, or in any other manner or form, and vote any stock or enter voting trusts; (15) Pay dues to any club or organization to which the principal belongs, and make charitable contributions in fulfillment of any charitable pledge made by the principal; (16) Transfer any property owned by the principal to any revocable trust created by the principal with provisions for the principal's care and support; (17) Sue, defend or compromise suits and legal actions, and employ counsel in connection with the suits and legal actions, including the power to seek a declaratory judgment interpreting this power of attorney, or a mandatory injunction requiring compliance with the instructions of the principal's attorney in fact, or actual and punitive damages against any person failing or refusing to follow the instructions of the principal's attorney in fact; (18) Reimburse the attorney in fact or others for all reasonable costs and expenses actually incurred and paid by that person on behalf of the principal; (19) Create, contribute to, borrow from and otherwise deal with an employee benefit plan or individual retirement account for the principal's benefit, select any payment option under any employee benefit plan or individual retirement account in which the principal is a participant or change options the principal has selected, make "roll-overs" of plan benefits into other retirement plans, and apply for and receive payments and benefits; (20) Execute other power of attorney forms on behalf of the principal that may be required by the internal revenue service, financial or brokerage institutions, or others, naming the attorney in fact under this section as attorney in fact for the principal on such additional forms; (21) Request, receive and review any information, verbal or written, regarding the principal's personal affairs or the principal's physical or mental health, including legal, medical and hospital records, execute any releases or other documents that may be required in order to obtain that information, and disclose that information to persons, organizations, firms or corporations the principal's attorney in fact deems appropriate; (22) Make advance arrangements for the principal's funeral and burial, including the purchase of a burial plot and marker, if the principal has not already done so; and (23) Access any catalogue of electronic communications sent or received by the principal, and any other digital asset in which the principal has a right or interest, pursuant to the Revised Uniform Fiduciary Access to Digital Assets Act, compiled in title 35, chapter 8. For purposes of this subdivision (23), "catalogue of electronic communications" and "digital asset" have the same meaning as defined in the Revised Uniform Fiduciary Access to Digital Assets Act. Amended by 2016 Tenn. Acts, ch. 570,s 21, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 829,s 4, eff. 4/29/2014. Acts 1991, ch. 197, § 3.
Without diminution or restriction of the powers vested in the attorney in fact, by law or elsewhere in the instrument, and subject to all other provisions of the instrument, the attorney in fact, without the necessity of procuring any judicial authorization, or approval, shall be vested with and in the application of the attorney in fact's best judgment and discretion on behalf of the principal shall be authorized to exercise the powers specifically enumerated in this section:
(1) Generally do, sign or perform in the principal's name, place and stead any act, deed, matter or thing whatsoever, that ought to be done, signed or performed, or that, in the opinion of the attorney in fact, ought to be done, signed or performed in and about the premises, of every nature and kind whatsoever, to all intents and purposes whatsoever, as fully and effectually as the principal could do if personally present and acting. The enumeration of specific powers hereunder shall not in any way limit the general powers conferred here;
(2) Receive from or disburse to any source whatever moneys through checking or savings or other accounts or otherwise, endorse, sign and issue checks, withdrawal receipts or any other instrument, and open or close any accounts in the principal's name alone or jointly with any other person;
(3) Buy, sell, lease, alter, maintain, pledge or in any way deal with real and personal property and sign each instrument necessary or advisable to complete any real or personal property transaction, including, but not limited to, deeds, deeds of trust, closing statements, options, notes and bills of sale;
(4) Make, sign and file each income, gift, property or any other tax return or declaration required by the United States or any state, county, municipality or other legally constituted authority;
(5) Acquire, maintain, cancel or in any manner deal with any policy of life, accident, disability, hospitalization, medical or casualty insurance, and prosecute each claim for benefits due under any policy;
(6) Provide for the support and protection of the principal, or of the principal's spouse, or of any minor child of the principal or of the principal's spouse dependent upon the principal, including, without limitation, provision for food, lodging, housing, medical services, recreation and travel;
(7) Have free and private access to any safe deposit box in the principal's individual name, alone or with others, in any bank, including authority to have it drilled, with full right to deposit and withdraw from the safe deposit box or to give full discharge for the safe deposit box;
(8) Receive and give receipt for any money or other obligation due or to become due to the principal from the United States, or any agency or subdivision of the United States, and to act as representative payee for any payment to which the principal may be entitled, and effect redemption of any bond or other security in which the United States, or any agency or subdivision of the United States, is the obligor or payor, and give full discharge therefor;
(9) Contract for or employ agents, accountants, advisors, attorneys and others for services in connection with the performance by the principal's attorney in fact of any powers in this section;
(10) Buy United States government bonds redeemable at par in payment of any United States estate taxes imposed at principal's death;
(11) Borrow money for any of the purposes described in this section, and secure the borrowings in the manner the principal's attorney in fact deems appropriate, and use any credit card held in the principal's name for any of the purposes described in this section;
(12) Establish, utilize, and terminate checking and savings accounts, money market accounts and agency accounts with financial institutions of all kinds, including securities brokers and corporate fiduciaries;
(13) Invest or reinvest each item of money or other property and lend money or property upon the terms and conditions and with the security the principal's attorney in fact may deem appropriate, or renew, extend, or modify loans, all in accordance with the fiduciary standards of § 35-3-117 ;
(14) Engage in and transact any and all lawful business of whatever nature or kind for the principal and in the principal's name, whether as partner, joint adventurer, stockholder, or in any other manner or form, and vote any stock or enter voting trusts;
(15) Pay dues to any club or organization to which the principal belongs, and make charitable contributions in fulfillment of any charitable pledge made by the principal;
(16) Transfer any property owned by the principal to any revocable trust created by the principal with provisions for the principal's care and support;
(17) Sue, defend or compromise suits and legal actions, and employ counsel in connection with the suits and legal actions, including the power to seek a declaratory judgment interpreting this power of attorney, or a mandatory injunction requiring compliance with the instructions of the principal's attorney in fact, or actual and punitive damages against any person failing or refusing to follow the instructions of the principal's attorney in fact;
(18) Reimburse the attorney in fact or others for all reasonable costs and expenses actually incurred and paid by that person on behalf of the principal;
(19) Create, contribute to, borrow from and otherwise deal with an employee benefit plan or individual retirement account for the principal's benefit, select any payment option under any employee benefit plan or individual retirement account in which the principal is a participant or change options the principal has selected, make "roll-overs" of plan benefits into other retirement plans, and apply for and receive payments and benefits;
(20) Execute other power of attorney forms on behalf of the principal that may be required by the internal revenue service, financial or brokerage institutions, or others, naming the attorney in fact under this section as attorney in fact for the principal on such additional forms;
(21) Request, receive and review any information, verbal or written, regarding the principal's personal affairs or the principal's physical or mental health, including legal, medical and hospital records, execute any releases or other documents that may be required in order to obtain that information, and disclose that information to persons, organizations, firms or corporations the principal's attorney in fact deems appropriate;
(22) Make advance arrangements for the principal's funeral and burial, including the purchase of a burial plot and marker, if the principal has not already done so; and
(23) Access any catalogue of electronic communications sent or received by the principal, and any other digital asset in which the principal has a right or interest, pursuant to the Revised Uniform Fiduciary Access to Digital Assets Act, compiled in title 35, chapter 8. For purposes of this subdivision (23), "catalogue of electronic communications" and "digital asset" have the same meaning as defined in the Revised Uniform Fiduciary Access to Digital Assets Act.
Amended by 2016 Tenn. Acts, ch. 570,s 21, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 829,s 4, eff. 4/29/2014.
Acts 1991, ch. 197, § 3.
Tenn. Code Ann. § 34-7-104 — TN Code / Title 34 / Chapter 7 / Section 34-7-104
Powers and duties of district public guardian
Status: in_force

(a) The duties and powers of the district public guardian are as follows: (1) To serve as conservator for disabled persons who are sixty (60) years of age or older who have no family members or other person, bank or corporation willing and able to serve as conservator; (2) The district public guardian does not have any power or authority beyond that set forth for a conservator in chapters 1, 2 and 3 of this title; and (3) To provide for the least intrusive alternatives, the district public guardian may accept power of attorney. (b) The district public guardian may employ sufficient staff to carry out the duties of the office. (c) The district public guardian may delegate to staff members the powers and duties of the office of district public guardian except as otherwise limited by law. The district public guardian retains ultimate responsibility for the discharge of required duties and responsibilities. (d) (1) A district public guardian may accept the services of volunteer persons and organizations, and raise money to supplement operating costs. (2) The department of disability and aging, in consultation with the departments of human services and health, may develop and implement a statewide program to recruit, train, assign, supervise and evaluate volunteer persons to assist district public guardians in maintaining the independence and dignity of their elderly wards. In developing and implementing this statewide program, the department of disability and aging shall solicit input and resources from interested organizations, including, but not necessarily limited to, community senior citizen centers, churches and synagogues having senior projects and programs under the auspices of the American Association of Retired Persons. Each volunteer shall possess demonstrated personal characteristics of honesty, integrity, compassion and caring for the elderly. The background of each volunteer shall be subject to appropriate inquiry and investigation. Volunteers shall receive no salary but may be reimbursed by the department of disability and aging for travel and other expenses incurred directly as a result of the performance of volunteer services. (e) If the disabled person qualifies for SSI benefits, no charge will be made against the disabled person's estate for court costs or fees of any kind. Under no circumstances may court costs be assessed to the public guardianship program. (f) If the disabled person does not qualify for SSI benefits, costs and compensation of the district public guardian shall be determined under §§ 34-1-112 and 34-1-114 . (g) (1) All funds received on behalf of a disabled person by the district public guardianship program shall be handled under a computerized accounting package approved by the department of disability and aging, and shall be audited annually by the state. (2) All other assets received by the district public guardian shall be handled in accordance with state laws, rules and court regulation or regulations as to disposition of property and record keeping. (3) Upon termination of the conservatorship, all assets remaining in the estate shall be paid over to the disabled person or to the disabled person's legal representative. (h) While performing conservatorship duties, the district public conservator shall continue to seek a family member, friend, other person, bank or corporation qualified and willing to serve as conservator. If such an individual, bank or corporation is located, the district public conservator shall submit a motion to the court for appointment of the qualified and willing successor conservator. (i) A person appointed successor district public guardian immediately succeeds to all rights, duties, responsibilities and powers of the preceding district public guardian. (j) When the position of district public guardian is vacant, subordinate personnel employed under subsection (c) shall continue to act as if the position of district public guardian were filled. (k) A district public guardian shall be required to post bond in individual cases in accordance with § 34-1-105 . The department of disability and aging shall arrange out of the program budget to purchase a statewide bond that shall ensure the fiduciary responsibilities of the district public guardian in all court appointed cases. (l) The district public guardian shall adhere to all state laws that are applicable to conservatorship. (m) To ensure adequate services for each disabled person, the district public guardian shall submit certification to the court when maximum caseload has been attained, and the court shall not assign additional disabled persons while maximum caseload is maintained. Maximum caseload shall be certified by the department of disability and aging upon review of verifying documentation submitted by the district public guardian and the grantee agency director. The district public guardian must notify the court when caseload has been reduced to less than maximum load. (n) (1) Notwithstanding subsection (a) to the contrary, the commissioner of disability and aging may request the district public guardian to serve as a conservator for disabled persons who are younger than sixty (60) years of age if the following conditions are met: (A) The request is made through a court; and (B) The court has found on the record that: (i) There are no other less intrusive alternatives available for the disabled person; and (ii) The disabled person has no family members or other person, bank, or corporation willing and able to serve as conservator. (2) Should the district public guardian take on the responsibilities of a guardian for a disabled person pursuant to subdivision (n)(1), the guardian must adhere, in performing the guardian's duty, to all provisions of this chapter and to all applicable state laws. Amended by 2024 Tenn. Acts, ch. 688,s 118, eff. 7/1/2024. Amended by 2019 Tenn. Acts, ch. 230, s 1, eff. 4/30/2019. Acts 1986, ch. 895, § 4; 1987, ch. 333, §§ 2-8; 1994, ch. 679, §§3-16; 1997 , ch. 327, § 1.
(a) The duties and powers of the district public guardian are as follows: (1) To serve as conservator for disabled persons who are sixty (60) years of age or older who have no family members or other person, bank or corporation willing and able to serve as conservator; (2) The district public guardian does not have any power or authority beyond that set forth for a conservator in chapters 1, 2 and 3 of this title; and (3) To provide for the least intrusive alternatives, the district public guardian may accept power of attorney.
(1) To serve as conservator for disabled persons who are sixty (60) years of age or older who have no family members or other person, bank or corporation willing and able to serve as conservator;
(2) The district public guardian does not have any power or authority beyond that set forth for a conservator in chapters 1, 2 and 3 of this title; and
(3) To provide for the least intrusive alternatives, the district public guardian may accept power of attorney.
(b) The district public guardian may employ sufficient staff to carry out the duties of the office.
(c) The district public guardian may delegate to staff members the powers and duties of the office of district public guardian except as otherwise limited by law. The district public guardian retains ultimate responsibility for the discharge of required duties and responsibilities.
(d) (1) A district public guardian may accept the services of volunteer persons and organizations, and raise money to supplement operating costs. (2) The department of disability and aging, in consultation with the departments of human services and health, may develop and implement a statewide program to recruit, train, assign, supervise and evaluate volunteer persons to assist district public guardians in maintaining the independence and dignity of their elderly wards. In developing and implementing this statewide program, the department of disability and aging shall solicit input and resources from interested organizations, including, but not necessarily limited to, community senior citizen centers, churches and synagogues having senior projects and programs under the auspices of the American Association of Retired Persons. Each volunteer shall possess demonstrated personal characteristics of honesty, integrity, compassion and caring for the elderly. The background of each volunteer shall be subject to appropriate inquiry and investigation. Volunteers shall receive no salary but may be reimbursed by the department of disability and aging for travel and other expenses incurred directly as a result of the performance of volunteer services.
(1) A district public guardian may accept the services of volunteer persons and organizations, and raise money to supplement operating costs.
(2) The department of disability and aging, in consultation with the departments of human services and health, may develop and implement a statewide program to recruit, train, assign, supervise and evaluate volunteer persons to assist district public guardians in maintaining the independence and dignity of their elderly wards. In developing and implementing this statewide program, the department of disability and aging shall solicit input and resources from interested organizations, including, but not necessarily limited to, community senior citizen centers, churches and synagogues having senior projects and programs under the auspices of the American Association of Retired Persons. Each volunteer shall possess demonstrated personal characteristics of honesty, integrity, compassion and caring for the elderly. The background of each volunteer shall be subject to appropriate inquiry and investigation. Volunteers shall receive no salary but may be reimbursed by the department of disability and aging for travel and other expenses incurred directly as a result of the performance of volunteer services.
(e) If the disabled person qualifies for SSI benefits, no charge will be made against the disabled person's estate for court costs or fees of any kind. Under no circumstances may court costs be assessed to the public guardianship program.
(f) If the disabled person does not qualify for SSI benefits, costs and compensation of the district public guardian shall be determined under §§ 34-1-112 and 34-1-114 .
(g) (1) All funds received on behalf of a disabled person by the district public guardianship program shall be handled under a computerized accounting package approved by the department of disability and aging, and shall be audited annually by the state. (2) All other assets received by the district public guardian shall be handled in accordance with state laws, rules and court regulation or regulations as to disposition of property and record keeping. (3) Upon termination of the conservatorship, all assets remaining in the estate shall be paid over to the disabled person or to the disabled person's legal representative.
(1) All funds received on behalf of a disabled person by the district public guardianship program shall be handled under a computerized accounting package approved by the department of disability and aging, and shall be audited annually by the state.
(2) All other assets received by the district public guardian shall be handled in accordance with state laws, rules and court regulation or regulations as to disposition of property and record keeping.
(3) Upon termination of the conservatorship, all assets remaining in the estate shall be paid over to the disabled person or to the disabled person's legal representative.
(h) While performing conservatorship duties, the district public conservator shall continue to seek a family member, friend, other person, bank or corporation qualified and willing to serve as conservator. If such an individual, bank or corporation is located, the district public conservator shall submit a motion to the court for appointment of the qualified and willing successor conservator.
(i) A person appointed successor district public guardian immediately succeeds to all rights, duties, responsibilities and powers of the preceding district public guardian.
(j) When the position of district public guardian is vacant, subordinate personnel employed under subsection (c) shall continue to act as if the position of district public guardian were filled.
(k) A district public guardian shall be required to post bond in individual cases in accordance with § 34-1-105 . The department of disability and aging shall arrange out of the program budget to purchase a statewide bond that shall ensure the fiduciary responsibilities of the district public guardian in all court appointed cases.
(l) The district public guardian shall adhere to all state laws that are applicable to conservatorship.
(m) To ensure adequate services for each disabled person, the district public guardian shall submit certification to the court when maximum caseload has been attained, and the court shall not assign additional disabled persons while maximum caseload is maintained. Maximum caseload shall be certified by the department of disability and aging upon review of verifying documentation submitted by the district public guardian and the grantee agency director. The district public guardian must notify the court when caseload has been reduced to less than maximum load.
(n) (1) Notwithstanding subsection (a) to the contrary, the commissioner of disability and aging may request the district public guardian to serve as a conservator for disabled persons who are younger than sixty (60) years of age if the following conditions are met: (A) The request is made through a court; and (B) The court has found on the record that: (i) There are no other less intrusive alternatives available for the disabled person; and (ii) The disabled person has no family members or other person, bank, or corporation willing and able to serve as conservator. (2) Should the district public guardian take on the responsibilities of a guardian for a disabled person pursuant to subdivision (n)(1), the guardian must adhere, in performing the guardian's duty, to all provisions of this chapter and to all applicable state laws.
(1) Notwithstanding subsection (a) to the contrary, the commissioner of disability and aging may request the district public guardian to serve as a conservator for disabled persons who are younger than sixty (60) years of age if the following conditions are met: (A) The request is made through a court; and (B) The court has found on the record that: (i) There are no other less intrusive alternatives available for the disabled person; and (ii) The disabled person has no family members or other person, bank, or corporation willing and able to serve as conservator.
(A) The request is made through a court; and
(B) The court has found on the record that: (i) There are no other less intrusive alternatives available for the disabled person; and (ii) The disabled person has no family members or other person, bank, or corporation willing and able to serve as conservator.
(i) There are no other less intrusive alternatives available for the disabled person; and
(ii) The disabled person has no family members or other person, bank, or corporation willing and able to serve as conservator.
(2) Should the district public guardian take on the responsibilities of a guardian for a disabled person pursuant to subdivision (n)(1), the guardian must adhere, in performing the guardian's duty, to all provisions of this chapter and to all applicable state laws.
Amended by 2024 Tenn. Acts, ch. 688,s 118, eff. 7/1/2024.
Amended by 2019 Tenn. Acts, ch. 230, s 1, eff. 4/30/2019.
Acts 1986, ch. 895, § 4; 1987, ch. 333, §§ 2-8; 1994, ch. 679, §§3-16; 1997 , ch. 327, § 1.
Tenn. Code Ann. § 34-1-119 — TN Code / Title 34 / Chapter 1 / Section 34-1-119
Standby fiduciary
Status: in_force

(a) At the request of the petitioner, the fiduciary, or on the court's own motion, a standby fiduciary may be appointed by the court to take the place of the fiduciary on a temporary or, if necessary, on a permanent basis. The standby fiduciary shall have the same powers, rights and obligations as the fiduciary. (b) When it is necessary for the standby fiduciary to function, the regular fiduciary shall notify the court or other interested party of the need for the services of the standby fiduciary and the anticipated duration of the need for the services. On receipt of the notice, the court shall enter an order authorizing the standby fiduciary to function in the place of the fiduciary. The order shall state the duration of the standby fiduciary's authority and shall suspend the authority of the fiduciary. If the fiduciary is bonded, the standby fiduciary must also be bonded in the same amount as the fiduciary. Under no circumstance can the fiduciary and standby fiduciary be simultaneously empowered to act. (c) Although there is no current need for the services of a fiduciary: (1) The custodial parent or parents or the person designated by the custodial parent or parents of a minor child or children may petition in accordance with chapter 2 of this title; or (2) Any adult may petition for the adult in accordance with chapter 3 of this title for the appointment of a standby fiduciary. The standby fiduciary authorized by this subsection (c) may be appointed without the necessity of the appointment of a fiduciary. The court shall respond to the petition as though it were a petition for the appointment of a currently active fiduciary so that all questions concerning the appropriateness of the proposed fiduciary or the property management plan are resolved at the hearing on the petition, which action will minimize delay in activating the standby fiduciary when necessary. If appointed, the court shall define in the order of appointment the circumstances under which the standby fiduciary shall become an active fiduciary and the actions that the standby fiduciary shall take to notify the court of the need for the standby fiduciary to become active. If the court determines there is a need for an active fiduciary, the court shall issue an order authorizing the standby fiduciary to function which order shall contain such other authority or restriction, consistent with this chapter, and chapters 2 and 3 of this title, as the court determines is in the best interest of the minor or person with a disability. In considering a petition for the appointment of a standby fiduciary, the court shall try to minimize the costs to the petitioner to the extent the court determines it is in the best interest of the minor or the person with a potential disability. Amended by 2013 Tenn. Acts, ch. 435, s 22, eff. 7/1/2013. Acts 1992, ch. 794, §20; 1997 , ch. 407, § 5; T.C.A. § 34-11-119.
(a) At the request of the petitioner, the fiduciary, or on the court's own motion, a standby fiduciary may be appointed by the court to take the place of the fiduciary on a temporary or, if necessary, on a permanent basis. The standby fiduciary shall have the same powers, rights and obligations as the fiduciary.
(b) When it is necessary for the standby fiduciary to function, the regular fiduciary shall notify the court or other interested party of the need for the services of the standby fiduciary and the anticipated duration of the need for the services. On receipt of the notice, the court shall enter an order authorizing the standby fiduciary to function in the place of the fiduciary. The order shall state the duration of the standby fiduciary's authority and shall suspend the authority of the fiduciary. If the fiduciary is bonded, the standby fiduciary must also be bonded in the same amount as the fiduciary. Under no circumstance can the fiduciary and standby fiduciary be simultaneously empowered to act.
(c) Although there is no current need for the services of a fiduciary: (1) The custodial parent or parents or the person designated by the custodial parent or parents of a minor child or children may petition in accordance with chapter 2 of this title; or (2) Any adult may petition for the adult in accordance with chapter 3 of this title for the appointment of a standby fiduciary. The standby fiduciary authorized by this subsection (c) may be appointed without the necessity of the appointment of a fiduciary. The court shall respond to the petition as though it were a petition for the appointment of a currently active fiduciary so that all questions concerning the appropriateness of the proposed fiduciary or the property management plan are resolved at the hearing on the petition, which action will minimize delay in activating the standby fiduciary when necessary. If appointed, the court shall define in the order of appointment the circumstances under which the standby fiduciary shall become an active fiduciary and the actions that the standby fiduciary shall take to notify the court of the need for the standby fiduciary to become active. If the court determines there is a need for an active fiduciary, the court shall issue an order authorizing the standby fiduciary to function which order shall contain such other authority or restriction, consistent with this chapter, and chapters 2 and 3 of this title, as the court determines is in the best interest of the minor or person with a disability. In considering a petition for the appointment of a standby fiduciary, the court shall try to minimize the costs to the petitioner to the extent the court determines it is in the best interest of the minor or the person with a potential disability.
(1) The custodial parent or parents or the person designated by the custodial parent or parents of a minor child or children may petition in accordance with chapter 2 of this title; or
(2) Any adult may petition for the adult in accordance with chapter 3 of this title for the appointment of a standby fiduciary. The standby fiduciary authorized by this subsection (c) may be appointed without the necessity of the appointment of a fiduciary. The court shall respond to the petition as though it were a petition for the appointment of a currently active fiduciary so that all questions concerning the appropriateness of the proposed fiduciary or the property management plan are resolved at the hearing on the petition, which action will minimize delay in activating the standby fiduciary when necessary. If appointed, the court shall define in the order of appointment the circumstances under which the standby fiduciary shall become an active fiduciary and the actions that the standby fiduciary shall take to notify the court of the need for the standby fiduciary to become active. If the court determines there is a need for an active fiduciary, the court shall issue an order authorizing the standby fiduciary to function which order shall contain such other authority or restriction, consistent with this chapter, and chapters 2 and 3 of this title, as the court determines is in the best interest of the minor or person with a disability. In considering a petition for the appointment of a standby fiduciary, the court shall try to minimize the costs to the petitioner to the extent the court determines it is in the best interest of the minor or the person with a potential disability.
Amended by 2013 Tenn. Acts, ch. 435, s 22, eff. 7/1/2013.
Acts 1992, ch. 794, §20; 1997 , ch. 407, § 5; T.C.A. § 34-11-119.
Tenn. Code Ann. § 34-8-303 — TN Code / Title 34 / Chapter 8 / Section 34-8-303
Transfer of guardianship to another county in the state
Status: in_force

(a) (1) A guardian or conservator appointed in this state may file a motion with the court making the appointment requesting a transfer of the guardianship or conservatorship to a court in another county of this state. (2) The fee for filing a motion to transfer a guardianship or conservatorship to a court in another county of this state must not exceed the cost set forth in § 8-21-401 (c)(6) . (3) In a motion to transfer a guardianship or conservatorship under this subsection (a), the ward has the same rights as in § 34-3-106 . (b) Notice of a motion to transfer under subsection (a) must be given to the persons who are entitled to notice of a petition in this state for the appointment of a guardian or conservator. (c) A hearing must be set on the transferring court's regular motion docket unless circumstances require the motion to be heard as a specially set matter. (d) The transferring court shall issue an order provisionally granting a motion to transfer a guardianship or conservatorship and shall direct the guardian or conservator to petition for guardianship or conservatorship in the receiving court if the transferring court is satisfied that the guardianship or conservatorship will be accepted by the receiving court and the transferring court finds that: (1) The disabled person or minor is physically present in or is reasonably expected to move permanently to a county in the jurisdiction of the receiving court; (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the disabled person or minor; and (3) Plans for care and services for the disabled person or minor in the other county are reasonable and sufficient. (e) (1) Upon receipt of the signed order granting provisional transfer to the receiving court, a guardian or conservator shall petition the receiving court requesting provisional acceptance of the transfer of the guardianship or conservatorship. (2) The fee for a petition requesting provisional acceptance of the transfer of a guardianship or conservatorship must not exceed the cost set forth in § 8-21-401(c)(6) . (3) In a petition to accept the transfer of a guardianship or conservatorship under this subsection (e), the ward has the same rights as in § 34-3-106 . (f) The receiving court shall issue an order provisionally accepting the transfer of the guardianship or conservatorship if the receiving court is satisfied that the conditions listed in subsection (d) have been met. (g) Upon receipt of the signed order accepting provisional transfer to the receiving court, a guardian or conservator must file a motion with the transferring court requesting final approval of the transfer of the guardianship or conservatorship. (h) Upon receipt of the signed order granting final approval of the transfer to the receiving court, a guardian or conservator must file a motion with the receiving court requesting final acceptance of the transfer of the guardianship or conservatorship. (i) Upon the receiving court's final approval, the guardian or conservator must file a copy of the signed order with the clerk of the transferring court and the clerk of the receiving court, and the clerks are responsible for the transfer of the guardianship or conservatorship file from the transferring court to the receiving court. (j) The receiving court may require in the final order accepting the transfer of the guardianship or conservatorship that a hearing be held within ninety (90) days of the acceptance of the transfer to allow the court to review the guardianship or conservatorship for any needed changes. Added by 2024 Tenn. Acts, ch. 542,s 1, eff. 3/7/2024.
(a) (1) A guardian or conservator appointed in this state may file a motion with the court making the appointment requesting a transfer of the guardianship or conservatorship to a court in another county of this state. (2) The fee for filing a motion to transfer a guardianship or conservatorship to a court in another county of this state must not exceed the cost set forth in § 8-21-401 (c)(6) . (3) In a motion to transfer a guardianship or conservatorship under this subsection (a), the ward has the same rights as in § 34-3-106 .
(1) A guardian or conservator appointed in this state may file a motion with the court making the appointment requesting a transfer of the guardianship or conservatorship to a court in another county of this state.
(2) The fee for filing a motion to transfer a guardianship or conservatorship to a court in another county of this state must not exceed the cost set forth in § 8-21-401 (c)(6) .
(3) In a motion to transfer a guardianship or conservatorship under this subsection (a), the ward has the same rights as in § 34-3-106 .
(b) Notice of a motion to transfer under subsection (a) must be given to the persons who are entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(c) A hearing must be set on the transferring court's regular motion docket unless circumstances require the motion to be heard as a specially set matter.
(d) The transferring court shall issue an order provisionally granting a motion to transfer a guardianship or conservatorship and shall direct the guardian or conservator to petition for guardianship or conservatorship in the receiving court if the transferring court is satisfied that the guardianship or conservatorship will be accepted by the receiving court and the transferring court finds that: (1) The disabled person or minor is physically present in or is reasonably expected to move permanently to a county in the jurisdiction of the receiving court; (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the disabled person or minor; and (3) Plans for care and services for the disabled person or minor in the other county are reasonable and sufficient.
(1) The disabled person or minor is physically present in or is reasonably expected to move permanently to a county in the jurisdiction of the receiving court;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the disabled person or minor; and
(3) Plans for care and services for the disabled person or minor in the other county are reasonable and sufficient.
(e) (1) Upon receipt of the signed order granting provisional transfer to the receiving court, a guardian or conservator shall petition the receiving court requesting provisional acceptance of the transfer of the guardianship or conservatorship. (2) The fee for a petition requesting provisional acceptance of the transfer of a guardianship or conservatorship must not exceed the cost set forth in § 8-21-401(c)(6) . (3) In a petition to accept the transfer of a guardianship or conservatorship under this subsection (e), the ward has the same rights as in § 34-3-106 .
(1) Upon receipt of the signed order granting provisional transfer to the receiving court, a guardian or conservator shall petition the receiving court requesting provisional acceptance of the transfer of the guardianship or conservatorship.
(2) The fee for a petition requesting provisional acceptance of the transfer of a guardianship or conservatorship must not exceed the cost set forth in § 8-21-401(c)(6) .
(3) In a petition to accept the transfer of a guardianship or conservatorship under this subsection (e), the ward has the same rights as in § 34-3-106 .
(f) The receiving court shall issue an order provisionally accepting the transfer of the guardianship or conservatorship if the receiving court is satisfied that the conditions listed in subsection (d) have been met.
(g) Upon receipt of the signed order accepting provisional transfer to the receiving court, a guardian or conservator must file a motion with the transferring court requesting final approval of the transfer of the guardianship or conservatorship.
(h) Upon receipt of the signed order granting final approval of the transfer to the receiving court, a guardian or conservator must file a motion with the receiving court requesting final acceptance of the transfer of the guardianship or conservatorship.
(i) Upon the receiving court's final approval, the guardian or conservator must file a copy of the signed order with the clerk of the transferring court and the clerk of the receiving court, and the clerks are responsible for the transfer of the guardianship or conservatorship file from the transferring court to the receiving court.
(j) The receiving court may require in the final order accepting the transfer of the guardianship or conservatorship that a hearing be held within ninety (90) days of the acceptance of the transfer to allow the court to review the guardianship or conservatorship for any needed changes.
Added by 2024 Tenn. Acts, ch. 542,s 1, eff. 3/7/2024.
Tenn. Code Ann. § 34-6-309 — TN Code / Title 34 / Chapter 6 / Section 34-6-309
Residence change
Status: in_force

If the minor child ceases to reside with the caregiver, then the caregiver shall notify any person, school, or health care provider that has been provided the power of attorney for care of a minor child. Acts 2003, ch. 71, § 1.
If the minor child ceases to reside with the caregiver, then the caregiver shall notify any person, school, or health care provider that has been provided the power of attorney for care of a minor child.
Acts 2003, ch. 71, § 1.
Tenn. Code Ann. § 34-6-112 — TN Code / Title 34 / Chapter 6 / Section 34-6-112
Access to electronic communications
Status: in_force

Subject to the Revised Uniform Fiduciary Access to Digital Assets Act, compiled in title 35, chapter 8, if any power of attorney expressly grants an attorney-in-fact or other agent authority over the content of an electronic communication of the principal, then the attorney-in-fact or other agent shall have the power and authority to access the content of an electronic communication that the custodian is permitted to disclose under the Electronic Communications Privacy Act ( 18 U.S.C. § 2702(b) ). For purposes of this section, "content of an electronic communication," "custodian," and "electronic communication" have the same meaning as defined in the Revised Uniform Fiduciary Access to Digital Assets Act. Added by 2016 Tenn. Acts, ch. 570,s 22, eff. 7/1/2016.
Subject to the Revised Uniform Fiduciary Access to Digital Assets Act, compiled in title 35, chapter 8, if any power of attorney expressly grants an attorney-in-fact or other agent authority over the content of an electronic communication of the principal, then the attorney-in-fact or other agent shall have the power and authority to access the content of an electronic communication that the custodian is permitted to disclose under the Electronic Communications Privacy Act ( 18 U.S.C. § 2702(b) ). For purposes of this section, "content of an electronic communication," "custodian," and "electronic communication" have the same meaning as defined in the Revised Uniform Fiduciary Access to Digital Assets Act.
Added by 2016 Tenn. Acts, ch. 570,s 22, eff. 7/1/2016.
Tenn. Code Ann. § 34-8-402 — TN Code / Title 34 / Chapter 8 / Section 34-8-402
Effect of registration
Status: in_force

(a) Upon registration of a conservatorship or guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties. (b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order. Acts 2010, ch. 817, § 1.
(a) Upon registration of a conservatorship or guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-1-133 — TN Code / Title 34 / Chapter 1 / Section 34-1-133
Expedited limited healthcare fiduciary
Status: in_force

(a) If the respondent is under hospitalization in a hospital as those terms are defined in title 68, chapter 11, part 2, and no other person, including an agent acting under the Healthcare Decision Act, compiled in title 68, chapter 11, part 18, a person acting under the Durable Powers of Attorney for Healthcare Act, compiled in chapter 6, part 2 of this title, or a living will under title 32, chapter 11 appears to have the authority and willingness to act and is acting in the best interest of the respondent, the court on petition of a person interested in the respondent's welfare may appoint an expedited limited healthcare fiduciary whose authority is for the limited purpose of consenting to discharge, transfer, and admission and consenting to any financial arrangements or medical care necessary to affect such discharge, transfer or admission to another healthcare facility and whose authority may not exceed sixty (60) days. Immediately upon the receipt of the petition for an expedited limited healthcare fiduciary, the court shall appoint an attorney ad litem to represent the respondent in the proceeding. In expediting the appointment of an expedited limited healthcare fiduciary, the court may vary the time periods for hearings including but not limited to the minimum number of days before a hearing under § 34-1-108 or the number of days before appointment of a guardian ad litem under § 34-1-107 or other time periods, but shall not vary requirements as necessary to determine the respondent is in need of a fiduciary. (b) The court shall hold a hearing on the appropriateness of the appointment within five (5) days of the appointment. (c) Appointment of an expedited limited healthcare fiduciary is not a determination of the respondent's incapacity. (d) The court may remove an expedited limited healthcare fiduciary at any time. (e) The time periods set forth in this section are mandatory and not directory. Failure to comply with those provisions shall void any expedited appointment and remove the authority previously granted to the expedited limited healthcare fiduciary. (f) The cost of the attorney ad litem in an expedited limited healthcare fiduciary proceeding may, in the court's discretion, be charged against the assets of the respondent or against the petitioner. The costs charged must not exceed one thousand five hundred dollars ($1,500) except when the court dismisses an expedited limited healthcare fiduciary proceeding because of a finding of fraud, bad faith, or deception by the petitioner or when the court determines the proceeding involves unusually complex factual issues, in which case there is no cap on the attorney ad litem fees. The maximum amount of the fee for the attorney ad litem shall be adjusted annually for inflation based upon the percentage of change in the average consumer price index (all items-city average), as published by the United States department of labor, bureau of labor statistics, for the calendar year immediately preceding. The adjustment shall take effect on February 1, 2025, and on February 1 of each year thereafter. Amended by 2024 Tenn. Acts, ch. 807,s 3, eff. 4/29/2024. Added by 2013 Tenn. Acts, ch. 435, s 47, eff. 7/1/2013.
(a) If the respondent is under hospitalization in a hospital as those terms are defined in title 68, chapter 11, part 2, and no other person, including an agent acting under the Healthcare Decision Act, compiled in title 68, chapter 11, part 18, a person acting under the Durable Powers of Attorney for Healthcare Act, compiled in chapter 6, part 2 of this title, or a living will under title 32, chapter 11 appears to have the authority and willingness to act and is acting in the best interest of the respondent, the court on petition of a person interested in the respondent's welfare may appoint an expedited limited healthcare fiduciary whose authority is for the limited purpose of consenting to discharge, transfer, and admission and consenting to any financial arrangements or medical care necessary to affect such discharge, transfer or admission to another healthcare facility and whose authority may not exceed sixty (60) days. Immediately upon the receipt of the petition for an expedited limited healthcare fiduciary, the court shall appoint an attorney ad litem to represent the respondent in the proceeding. In expediting the appointment of an expedited limited healthcare fiduciary, the court may vary the time periods for hearings including but not limited to the minimum number of days before a hearing under § 34-1-108 or the number of days before appointment of a guardian ad litem under § 34-1-107 or other time periods, but shall not vary requirements as necessary to determine the respondent is in need of a fiduciary.
(b) The court shall hold a hearing on the appropriateness of the appointment within five (5) days of the appointment.
(c) Appointment of an expedited limited healthcare fiduciary is not a determination of the respondent's incapacity.
(d) The court may remove an expedited limited healthcare fiduciary at any time.
(e) The time periods set forth in this section are mandatory and not directory. Failure to comply with those provisions shall void any expedited appointment and remove the authority previously granted to the expedited limited healthcare fiduciary.
(f) The cost of the attorney ad litem in an expedited limited healthcare fiduciary proceeding may, in the court's discretion, be charged against the assets of the respondent or against the petitioner. The costs charged must not exceed one thousand five hundred dollars ($1,500) except when the court dismisses an expedited limited healthcare fiduciary proceeding because of a finding of fraud, bad faith, or deception by the petitioner or when the court determines the proceeding involves unusually complex factual issues, in which case there is no cap on the attorney ad litem fees. The maximum amount of the fee for the attorney ad litem shall be adjusted annually for inflation based upon the percentage of change in the average consumer price index (all items-city average), as published by the United States department of labor, bureau of labor statistics, for the calendar year immediately preceding. The adjustment shall take effect on February 1, 2025, and on February 1 of each year thereafter.
Amended by 2024 Tenn. Acts, ch. 807,s 3, eff. 4/29/2024.
Added by 2013 Tenn. Acts, ch. 435, s 47, eff. 7/1/2013.
Tenn. Code Ann. § 34-6-301 — TN Code / Title 34 / Chapter 6 / Section 34-6-301
Short title
Status: in_force

This part shall be known and may be cited as the "Power of Attorney for Care of a Minor Child Act." Acts 2003, ch. 71, § 1.
This part shall be known and may be cited as the "Power of Attorney for Care of a Minor Child Act."
Acts 2003, ch. 71, § 1.
Tenn. Code Ann. § 34-1-118 — TN Code / Title 34 / Chapter 1 / Section 34-1-118
Persons receiving property - Receipt for property - Filing
Status: in_force

Whenever a fiduciary distributes property of a minor or person with a disability, the person receiving the property of the minor or person with a disability from the fiduciary shall sign a receipt for the property, which receipt shall be filed with the fiduciary's next accounting. Acts 1992, ch. 794, § 19; T.C.A. § 34-11-118.
Whenever a fiduciary distributes property of a minor or person with a disability, the person receiving the property of the minor or person with a disability from the fiduciary shall sign a receipt for the property, which receipt shall be filed with the fiduciary's next accounting.
Acts 1992, ch. 794, § 19; T.C.A. § 34-11-118.