Tenn. Code Ann. § 34-6-204 — TN Code / Title 34 / Chapter 6 / Section 34-6-204
Attorney in fact - Powers - Limitations
Status: in_force

(a) (1) Unless the durable power of attorney for health care provides otherwise, or unless a court with appropriate jurisdiction finds by clear and convincing evidence that the attorney in fact is acting on behalf of the principal in bad faith, the attorney in fact designated in the durable power of attorney who is known to the health care provider to be available and willing to make health care decisions has priority over any other person to act for the principal in all matters of health care decisions. (2) (A) Notwithstanding the Uniform Durable Power of Attorney Act, compiled in part 1 of this chapter, if a court appoints a conservator, guardian of the estate or other fiduciary, that fiduciary shall not have the power to revoke or amend a durable power of attorney for health care nor replace the attorney in fact designated in a power of attorney for health care. (B) Upon application and good cause shown, when appointing a conservator, guardian of the estate or other fiduciary, a court may revoke or amend a durable power of attorney for health care or replace the attorney in fact designated in the power. (b) Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in the durable power of attorney may make health care decisions for the principal, before or after the death of the principal, to the same extent as the principal could make health care decisions for the principal if the principal had the capacity to do so, including: (1) Making a disposition under the Uniform Anatomical Gift Act, compiled in title 68, chapter 30; (2) Authorizing an autopsy pursuant to the Post Mortem Examination Act, compiled in title 38, chapter 7; and (3) Directing the disposition of remains pursuant to title 68, chapter 4. (c) Nothing in this part affects any right the person designated as attorney in fact may have, apart from the durable power of attorney for health care, to make or participate in the making of health care decisions on behalf of the principal. (d) Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in such durable power of attorney may make health care decisions as provided in this part for the principal who has a terminal condition as defined in § 32-11-103 . The decision to withhold or withdraw health care may be made by the attorney in fact permitting the principal to die naturally with only the administration of palliative care as defined in § 32-11-103 . Acts 1990, ch. 831, § 5; 1991, ch. 344, § 11; 2004, ch. 771, § 2.
(a) (1) Unless the durable power of attorney for health care provides otherwise, or unless a court with appropriate jurisdiction finds by clear and convincing evidence that the attorney in fact is acting on behalf of the principal in bad faith, the attorney in fact designated in the durable power of attorney who is known to the health care provider to be available and willing to make health care decisions has priority over any other person to act for the principal in all matters of health care decisions. (2) (A) Notwithstanding the Uniform Durable Power of Attorney Act, compiled in part 1 of this chapter, if a court appoints a conservator, guardian of the estate or other fiduciary, that fiduciary shall not have the power to revoke or amend a durable power of attorney for health care nor replace the attorney in fact designated in a power of attorney for health care. (B) Upon application and good cause shown, when appointing a conservator, guardian of the estate or other fiduciary, a court may revoke or amend a durable power of attorney for health care or replace the attorney in fact designated in the power.
(1) Unless the durable power of attorney for health care provides otherwise, or unless a court with appropriate jurisdiction finds by clear and convincing evidence that the attorney in fact is acting on behalf of the principal in bad faith, the attorney in fact designated in the durable power of attorney who is known to the health care provider to be available and willing to make health care decisions has priority over any other person to act for the principal in all matters of health care decisions.
(2) (A) Notwithstanding the Uniform Durable Power of Attorney Act, compiled in part 1 of this chapter, if a court appoints a conservator, guardian of the estate or other fiduciary, that fiduciary shall not have the power to revoke or amend a durable power of attorney for health care nor replace the attorney in fact designated in a power of attorney for health care. (B) Upon application and good cause shown, when appointing a conservator, guardian of the estate or other fiduciary, a court may revoke or amend a durable power of attorney for health care or replace the attorney in fact designated in the power.
(A) Notwithstanding the Uniform Durable Power of Attorney Act, compiled in part 1 of this chapter, if a court appoints a conservator, guardian of the estate or other fiduciary, that fiduciary shall not have the power to revoke or amend a durable power of attorney for health care nor replace the attorney in fact designated in a power of attorney for health care.
(B) Upon application and good cause shown, when appointing a conservator, guardian of the estate or other fiduciary, a court may revoke or amend a durable power of attorney for health care or replace the attorney in fact designated in the power.
(b) Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in the durable power of attorney may make health care decisions for the principal, before or after the death of the principal, to the same extent as the principal could make health care decisions for the principal if the principal had the capacity to do so, including: (1) Making a disposition under the Uniform Anatomical Gift Act, compiled in title 68, chapter 30; (2) Authorizing an autopsy pursuant to the Post Mortem Examination Act, compiled in title 38, chapter 7; and (3) Directing the disposition of remains pursuant to title 68, chapter 4.
(1) Making a disposition under the Uniform Anatomical Gift Act, compiled in title 68, chapter 30;
(2) Authorizing an autopsy pursuant to the Post Mortem Examination Act, compiled in title 38, chapter 7; and
(3) Directing the disposition of remains pursuant to title 68, chapter 4.
(c) Nothing in this part affects any right the person designated as attorney in fact may have, apart from the durable power of attorney for health care, to make or participate in the making of health care decisions on behalf of the principal.
(d) Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in such durable power of attorney may make health care decisions as provided in this part for the principal who has a terminal condition as defined in § 32-11-103 . The decision to withhold or withdraw health care may be made by the attorney in fact permitting the principal to die naturally with only the administration of palliative care as defined in § 32-11-103 .
Acts 1990, ch. 831, § 5; 1991, ch. 344, § 11; 2004, ch. 771, § 2.
Tenn. Code Ann. § 34-5-116 — TN Code / Title 34 / Chapter 5 / Section 34-5-116
Maintenance and support
Status: in_force

A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of the petition shall be furnished the proper office of the veterans administration and notice of hearing on the petition shall be given the office as provided in the case of hearing on a guardian's account or other pleading. Acts 1943, ch. 90, § 15; C. Supp. 1950, § 8558.16 (Williams, §8553); T.C.A. (orig. ed.), § 34-916.
A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of the petition shall be furnished the proper office of the veterans administration and notice of hearing on the petition shall be given the office as provided in the case of hearing on a guardian's account or other pleading.
Acts 1943, ch. 90, § 15; C. Supp. 1950, § 8558.16 (Williams, §8553); T.C.A. (orig. ed.), § 34-916.
Tenn. Code Ann. § 34-1-104 — TN Code / Title 34 / Chapter 1 / Section 34-1-104
Letters of guardianship or conservatorship - Disposition of funds of minor under $25,000 - Discharge of paying entities - Order of distribution - Distribution of funds - Direction of funds into trust
Status: in_force

(a) Except as provided in subsections (b)-(d), no person shall undertake the administration of the estate of a minor or person with a disability until the person has been issued letters of guardianship or letters of conservatorship; provided, that no guardian or conservator shall be appointed if the property of the minor or person with a disability is deposited with the clerk of the court subject to distribution on order of the court. The letters of conservatorship shall either: (1) Recite the specific powers to be exercised by the conservator and the specific powers retained by the person with a disability; or (2) Have attached to them the order or orders of the court specifying the powers to be exercised by the conservator and the powers retained by the person with a disability. (b) If the total property of a minor or person with a disability does not exceed the sum of twenty-five thousand dollars ($25,000) and the court determines it is in the best interest of the minor or person with a disability, the court may order any person holding property belonging to the minor or person with a disability to deliver all or any part of the money or property, without the necessity of the appointment of a fiduciary, to the natural guardian or guardians of the minor or to the person with whom the minor or person with a disability resides or to the person with a disability. Notwithstanding any law to the contrary, if the guardians of the minor are the parents of the minor and are divorced or legally separated from each other, the court may order that the funds be delivered, all or in part, to either of the parents if the court finds that such order would best serve the welfare of the minor. The receipt by any of these persons of the money or property discharges the paying entity from further liability. To bring the matter before the court, any person may petition the court for an order of distribution. The petition shall set forth the information required by §§ 34-2-104 and 34-3-104 , except the petition shall request distribution according to this section instead of the appointment of a fiduciary. The court may appoint a guardian ad litem to assist it in determining the best interest of the minor or person with a disability. (c) In any judicial proceeding in which any fund or part of the fund is decreed to belong to a minor or person with a disability, or in which there is a recovery in favor of a minor or person with a disability, the court trying the case may retain the fund or recovery or part of the fund or recovery to be disbursed by the clerk and master or clerk of the court for the support, maintenance or education of the minor or person with a disability under the orders of the court; provided, that the fund or part of the fund or the amount of the recovery does not exceed the sum of twenty-five thousand dollars ($25,000) and the minor is without a legal guardian; and provided further, that the court, in its discretion, may direct the fund to be paid to the natural guardian of the minor or the other person having the care and custody of the minor or person with a disability to be applied for the support, maintenance or education of the minor or person with a disability, subject to such terms and conditions as the court may impose. (d) In a proceeding to determine letters of guardianship or conservatorship, the court shall be vested with the authority to direct any fund or part of the fund decreed to belong to a minor or person with a disability, or in which there is recovery in favor of a minor or person with a disability, into a trust created under the Tennessee Uniform Trust Code, compiled in title 35, chapter 15 with such fiduciary appointed upon order of the court according to this chapter. Amended by 2019 Tenn. Acts, ch. 340, Secs.s 4, s 5eff. 5/10/2019. Amended by 2019 Tenn. Acts, ch. 197, s 1, Sec.s 2eff. 4/25/2019. Amended by 2013 Tenn. Acts, ch. 435, s 7, eff. 7/1/2013. Acts 1992, ch. 794, § 5; 1994, ch. 855, § 1; T.C.A. §34-11-104; Acts 2008 , ch. 958, §1; 2008 , ch. 1204, § 1.
(a) Except as provided in subsections (b)-(d), no person shall undertake the administration of the estate of a minor or person with a disability until the person has been issued letters of guardianship or letters of conservatorship; provided, that no guardian or conservator shall be appointed if the property of the minor or person with a disability is deposited with the clerk of the court subject to distribution on order of the court. The letters of conservatorship shall either: (1) Recite the specific powers to be exercised by the conservator and the specific powers retained by the person with a disability; or (2) Have attached to them the order or orders of the court specifying the powers to be exercised by the conservator and the powers retained by the person with a disability.
(1) Recite the specific powers to be exercised by the conservator and the specific powers retained by the person with a disability; or
(2) Have attached to them the order or orders of the court specifying the powers to be exercised by the conservator and the powers retained by the person with a disability.
(b) If the total property of a minor or person with a disability does not exceed the sum of twenty-five thousand dollars ($25,000) and the court determines it is in the best interest of the minor or person with a disability, the court may order any person holding property belonging to the minor or person with a disability to deliver all or any part of the money or property, without the necessity of the appointment of a fiduciary, to the natural guardian or guardians of the minor or to the person with whom the minor or person with a disability resides or to the person with a disability. Notwithstanding any law to the contrary, if the guardians of the minor are the parents of the minor and are divorced or legally separated from each other, the court may order that the funds be delivered, all or in part, to either of the parents if the court finds that such order would best serve the welfare of the minor. The receipt by any of these persons of the money or property discharges the paying entity from further liability. To bring the matter before the court, any person may petition the court for an order of distribution. The petition shall set forth the information required by §§ 34-2-104 and 34-3-104 , except the petition shall request distribution according to this section instead of the appointment of a fiduciary. The court may appoint a guardian ad litem to assist it in determining the best interest of the minor or person with a disability.
(c) In any judicial proceeding in which any fund or part of the fund is decreed to belong to a minor or person with a disability, or in which there is a recovery in favor of a minor or person with a disability, the court trying the case may retain the fund or recovery or part of the fund or recovery to be disbursed by the clerk and master or clerk of the court for the support, maintenance or education of the minor or person with a disability under the orders of the court; provided, that the fund or part of the fund or the amount of the recovery does not exceed the sum of twenty-five thousand dollars ($25,000) and the minor is without a legal guardian; and provided further, that the court, in its discretion, may direct the fund to be paid to the natural guardian of the minor or the other person having the care and custody of the minor or person with a disability to be applied for the support, maintenance or education of the minor or person with a disability, subject to such terms and conditions as the court may impose.
(d) In a proceeding to determine letters of guardianship or conservatorship, the court shall be vested with the authority to direct any fund or part of the fund decreed to belong to a minor or person with a disability, or in which there is recovery in favor of a minor or person with a disability, into a trust created under the Tennessee Uniform Trust Code, compiled in title 35, chapter 15 with such fiduciary appointed upon order of the court according to this chapter.
Amended by 2019 Tenn. Acts, ch. 340, Secs.s 4, s 5eff. 5/10/2019.
Amended by 2019 Tenn. Acts, ch. 197, s 1, Sec.s 2eff. 4/25/2019.
Amended by 2013 Tenn. Acts, ch. 435, s 7, eff. 7/1/2013.
Acts 1992, ch. 794, § 5; 1994, ch. 855, § 1; T.C.A. §34-11-104; Acts 2008 , ch. 958, §1; 2008 , ch. 1204, § 1.
Tenn. Code Ann. § 34-6-212 — TN Code / Title 34 / Chapter 6 / Section 34-6-212
Applicability of Section 32-11-110 (a)
Status: in_force

Section 32-11-110(a) shall apply to this part. Acts 1990, ch. 831, § 12.
Section 32-11-110(a) shall apply to this part.
Acts 1990, ch. 831, § 12.
Tenn. Code Ann. § 34-8-101 — TN Code / Title 34 / Chapter 8 / Section 34-8-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act." Acts 2010, ch. 817, § 1.
This chapter shall be known and may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act."
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-7-105 — TN Code / Title 34 / Chapter 7 / Section 34-7-105
Costs of public guardianship
Status: in_force

Costs of public guardianship for the elderly will be met by annual appropriation to the department of disability and aging. Amended by 2024 Tenn. Acts, ch. 688,s 119, eff. 7/1/2024. Acts 1986, ch. 895, § 5.
Costs of public guardianship for the elderly will be met by annual appropriation to the department of disability and aging.
Amended by 2024 Tenn. Acts, ch. 688,s 119, eff. 7/1/2024.
Acts 1986, ch. 895, § 5.
Tenn. Code Ann. § 34-7-102 — TN Code / Title 34 / Chapter 7 / Section 34-7-102
Legislative intent - Construction
Status: in_force

(a) The general assembly recognizes that many elderly persons in the state are unable to meet essential requirements for their physical health or to manage essential aspects of their financial resources. The general assembly finds that private conservatorship is inadequate where there are no willing and responsible family members or friends to serve as conservator and where the disabled person does not have adequate resources for the compensation of a private conservator, or to pay legal and court costs. The general assembly intends through this chapter to establish a statewide public conservatorship program to aid disabled persons who are sixty (60) years of age or older who have no family member or friend who is willing and able to serve as conservator. (b) The general assembly intends to promote the general welfare by establishing a public guardianship system that permits the disabled elderly to determinatively participate as fully as possible in all decisions that affect them, that assists such persons to regain or develop their capacities to the maximum extent possible, and that accomplishes such objectives through the use of the least intrusive alternatives. This chapter shall be liberally construed to accomplish these purposes. It is the intent of the general assembly that nothing contained in this chapter will affect the powers of the court under chapters 1, 2 and 3 of this title, nor create additional powers not contained in chapters 1, 2 and 3 of this title. The district public guardian shall not serve in more than one (1) capacity in any one (1) proceeding under chapters 1, 2 and 3 of this title. Acts 1986, ch. 895, § 2; 1994, ch. 679, §§ 1, 2.
(a) The general assembly recognizes that many elderly persons in the state are unable to meet essential requirements for their physical health or to manage essential aspects of their financial resources. The general assembly finds that private conservatorship is inadequate where there are no willing and responsible family members or friends to serve as conservator and where the disabled person does not have adequate resources for the compensation of a private conservator, or to pay legal and court costs. The general assembly intends through this chapter to establish a statewide public conservatorship program to aid disabled persons who are sixty (60) years of age or older who have no family member or friend who is willing and able to serve as conservator.
(b) The general assembly intends to promote the general welfare by establishing a public guardianship system that permits the disabled elderly to determinatively participate as fully as possible in all decisions that affect them, that assists such persons to regain or develop their capacities to the maximum extent possible, and that accomplishes such objectives through the use of the least intrusive alternatives. This chapter shall be liberally construed to accomplish these purposes. It is the intent of the general assembly that nothing contained in this chapter will affect the powers of the court under chapters 1, 2 and 3 of this title, nor create additional powers not contained in chapters 1, 2 and 3 of this title. The district public guardian shall not serve in more than one (1) capacity in any one (1) proceeding under chapters 1, 2 and 3 of this title.
Acts 1986, ch. 895, § 2; 1994, ch. 679, §§ 1, 2.
Tenn. Code Ann. § 34-1-108 — TN Code / Title 34 / Chapter 1 / Section 34-1-108
Hearings on petitions - Notice
Status: in_force

(a) Except as provided in subsection (b), the hearing on a petition shall be held not less than seven (7) nor more than sixty (60) days from the date of service on the respondent or the date the guardian ad litem was appointed, whichever is later. The hearing date may be extended on motion showing good cause. (b) If the petition alleges the minor or person with a disability is faced with a life threatening situation, the court may schedule the hearing in less than seven (7) days from the date of service on the respondent; provided, that actual notice of the hearing is given to the closest relative and the respondent. (c) (1) In a proceeding for the appointment of a conservator, a notice of the hearing shall be served on the respondent and any person, institution or residential provider having care or custody of the respondent by the guardian ad litem or as otherwise authorized under the Tennessee Rules of Civil Procedure. The notice of hearing shall be substantially in the following form: Click here to view form. (2) The notice shall contain on the reverse side or on an attached sheet those rights set out in § 34-3-106 . (3) The notice shall also be served upon the closest relative or relatives of the respondent, as such persons are described in title 31, chapter 2, but not including the petitioner, and upon the person or institution, if any, having care and custody of the respondent or with whom the respondent is living. Service by mail, sent to the last known address of such persons or institution, shall be sufficient for purposes of this subdivision (c)(3). If, after reasonable effort, a postal address cannot be ascertained, a notification may be published in a newspaper of general circulation in the county where the petition is filed, or if there is no newspaper of general circulation published in the county, notice may be posted at the county courthouse, except where such petitions are filed by or on behalf of a regional mental health institute owned and operated by the department of mental health and substance abuse services or by or on behalf of the department of intellectual and developmental disabilities pertaining to an individual receiving home- and community-based waiver services or intermediate care facility/intellectual disability (ICF/ID) services. Amended by 2021 Tenn. Acts, ch. 305, s 2, eff. 5/4/2021. Amended by 2013 Tenn. Acts, ch. 435, s 14, eff. 7/1/2013. Acts 1992, ch. 794, § 9; T.C.A. 34-11-108.
(a) Except as provided in subsection (b), the hearing on a petition shall be held not less than seven (7) nor more than sixty (60) days from the date of service on the respondent or the date the guardian ad litem was appointed, whichever is later. The hearing date may be extended on motion showing good cause.
(b) If the petition alleges the minor or person with a disability is faced with a life threatening situation, the court may schedule the hearing in less than seven (7) days from the date of service on the respondent; provided, that actual notice of the hearing is given to the closest relative and the respondent.
(c) (1) In a proceeding for the appointment of a conservator, a notice of the hearing shall be served on the respondent and any person, institution or residential provider having care or custody of the respondent by the guardian ad litem or as otherwise authorized under the Tennessee Rules of Civil Procedure. The notice of hearing shall be substantially in the following form: Click here to view form. (2) The notice shall contain on the reverse side or on an attached sheet those rights set out in § 34-3-106 . (3) The notice shall also be served upon the closest relative or relatives of the respondent, as such persons are described in title 31, chapter 2, but not including the petitioner, and upon the person or institution, if any, having care and custody of the respondent or with whom the respondent is living. Service by mail, sent to the last known address of such persons or institution, shall be sufficient for purposes of this subdivision (c)(3). If, after reasonable effort, a postal address cannot be ascertained, a notification may be published in a newspaper of general circulation in the county where the petition is filed, or if there is no newspaper of general circulation published in the county, notice may be posted at the county courthouse, except where such petitions are filed by or on behalf of a regional mental health institute owned and operated by the department of mental health and substance abuse services or by or on behalf of the department of intellectual and developmental disabilities pertaining to an individual receiving home- and community-based waiver services or intermediate care facility/intellectual disability (ICF/ID) services.
(1) In a proceeding for the appointment of a conservator, a notice of the hearing shall be served on the respondent and any person, institution or residential provider having care or custody of the respondent by the guardian ad litem or as otherwise authorized under the Tennessee Rules of Civil Procedure. The notice of hearing shall be substantially in the following form: Click here to view form.
Click here to view form.
(2) The notice shall contain on the reverse side or on an attached sheet those rights set out in § 34-3-106 .
(3) The notice shall also be served upon the closest relative or relatives of the respondent, as such persons are described in title 31, chapter 2, but not including the petitioner, and upon the person or institution, if any, having care and custody of the respondent or with whom the respondent is living. Service by mail, sent to the last known address of such persons or institution, shall be sufficient for purposes of this subdivision (c)(3). If, after reasonable effort, a postal address cannot be ascertained, a notification may be published in a newspaper of general circulation in the county where the petition is filed, or if there is no newspaper of general circulation published in the county, notice may be posted at the county courthouse, except where such petitions are filed by or on behalf of a regional mental health institute owned and operated by the department of mental health and substance abuse services or by or on behalf of the department of intellectual and developmental disabilities pertaining to an individual receiving home- and community-based waiver services or intermediate care facility/intellectual disability (ICF/ID) services.
Amended by 2021 Tenn. Acts, ch. 305, s 2, eff. 5/4/2021.
Amended by 2013 Tenn. Acts, ch. 435, s 14, eff. 7/1/2013.
Acts 1992, ch. 794, § 9; T.C.A. 34-11-108.
1_108_1 - Attachment
Tenn. Code Ann. § 34-5-102 — TN Code / Title 34 / Chapter 5 / Section 34-5-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Administrator" means the administrator of veterans affairs of the United States, or the administrator's successor; (2) "Benefits" means all moneys paid or payable by the United States through the veterans administration; (3) "Estate" means income on hand and assets acquired partially or wholly with "income"; (4) "Guardian" means any fiduciary for the person or estate of a ward; (5) "Income" means moneys received from the veterans administration and revenue or profit from any property wholly or partially acquired with those moneys; (6) "Person" means an individual, a partnership, a corporation or an association; (7) "Veterans administration" means the veterans administration, its predecessors or successors; and (8) "Ward" means a beneficiary of the veterans administration. Acts 1943, ch. 90, § 1; C. Supp. 1950, § 8558.2 (Williams, §8541); T.C.A. (orig. ed.), § 34-902.
As used in this chapter, unless the context otherwise requires:
(1) "Administrator" means the administrator of veterans affairs of the United States, or the administrator's successor;
(2) "Benefits" means all moneys paid or payable by the United States through the veterans administration;
(3) "Estate" means income on hand and assets acquired partially or wholly with "income";
(4) "Guardian" means any fiduciary for the person or estate of a ward;
(5) "Income" means moneys received from the veterans administration and revenue or profit from any property wholly or partially acquired with those moneys;
(6) "Person" means an individual, a partnership, a corporation or an association;
(7) "Veterans administration" means the veterans administration, its predecessors or successors; and
(8) "Ward" means a beneficiary of the veterans administration.
Acts 1943, ch. 90, § 1; C. Supp. 1950, § 8558.2 (Williams, §8541); T.C.A. (orig. ed.), § 34-902.
Tenn. Code Ann. § 34-1-106 — TN Code / Title 34 / Chapter 1 / Section 34-1-106
Petition for appointment of fiduciary
Status: in_force

(a) The petition for the appointment of a fiduciary shall be served in accordance with the Tennessee Rules of Civil Procedure. The guardian ad litem appointed may serve the petition on the respondent. (b) The petitioner shall give notice to the closest relative of the respondent required to be named in the petition and to the person, if any, having care or custody of the respondent, institution, or residential provider with whom the respondent is living by certified mail or personal service in accordance with the Tennessee Rules of Civil Procedure. If, after reasonable effort, a postal address cannot be ascertained, a notification may be published in a newspaper of general circulation in the county where the petition is filed, or if there is no newspaper of general circulation published in the county, notice may be posted at the county courthouse, except where such petitions are filed by or on behalf of a regional mental health institute owned and operated by the department of mental health and substance abuse services or by or on behalf of the department of intellectual and developmental disabilities pertaining to an individual receiving home- and community-based waiver services or intermediate care facility/intellectual disability (ICF/ID) services. Amended by 2021 Tenn. Acts, ch. 305, s 1, eff. 5/4/2021. Amended by 2013 Tenn. Acts, ch. 435, s 8, eff. 7/1/2013. Acts 1992, ch. 794, § 7; 1994, ch. 855, § 2; T.C.A. §34-11-106; Acts 2007 , ch. 8, § 7.
(a) The petition for the appointment of a fiduciary shall be served in accordance with the Tennessee Rules of Civil Procedure. The guardian ad litem appointed may serve the petition on the respondent.
(b) The petitioner shall give notice to the closest relative of the respondent required to be named in the petition and to the person, if any, having care or custody of the respondent, institution, or residential provider with whom the respondent is living by certified mail or personal service in accordance with the Tennessee Rules of Civil Procedure. If, after reasonable effort, a postal address cannot be ascertained, a notification may be published in a newspaper of general circulation in the county where the petition is filed, or if there is no newspaper of general circulation published in the county, notice may be posted at the county courthouse, except where such petitions are filed by or on behalf of a regional mental health institute owned and operated by the department of mental health and substance abuse services or by or on behalf of the department of intellectual and developmental disabilities pertaining to an individual receiving home- and community-based waiver services or intermediate care facility/intellectual disability (ICF/ID) services.
Amended by 2021 Tenn. Acts, ch. 305, s 1, eff. 5/4/2021.
Amended by 2013 Tenn. Acts, ch. 435, s 8, eff. 7/1/2013.
Acts 1992, ch. 794, § 7; 1994, ch. 855, § 2; T.C.A. §34-11-106; Acts 2007 , ch. 8, § 7.
Tenn. Code Ann. § 34-8-203 — TN Code / Title 34 / Chapter 8 / Section 34-8-203
Jurisdiction
Status: in_force

A court of this state has jurisdiction to appoint a conservator or guardian or issue a protective order for a respondent if: (1) This state is the respondent's home state; (2) On the date the petition is filed, this state is a significant-connection state and: (A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or (B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order: (i) A petition for an appointment or order is not filed in the respondent's home state; (ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) The court in this state concludes that it is an appropriate forum under the factors set forth in § 34-8-206 ; (3) This state does not have jurisdiction under either subdivision (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or (4) The requirements for special jurisdiction under § 34-8-204 are met. Acts 2010, ch. 817, § 1.
A court of this state has jurisdiction to appoint a conservator or guardian or issue a protective order for a respondent if:
(1) This state is the respondent's home state;
(2) On the date the petition is filed, this state is a significant-connection state and: (A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or (B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order: (i) A petition for an appointment or order is not filed in the respondent's home state; (ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) The court in this state concludes that it is an appropriate forum under the factors set forth in § 34-8-206 ;
(A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order: (i) A petition for an appointment or order is not filed in the respondent's home state; (ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) The court in this state concludes that it is an appropriate forum under the factors set forth in § 34-8-206 ;
(i) A petition for an appointment or order is not filed in the respondent's home state;
(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) The court in this state concludes that it is an appropriate forum under the factors set forth in § 34-8-206 ;
(3) This state does not have jurisdiction under either subdivision (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) The requirements for special jurisdiction under § 34-8-204 are met.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-6-102 — TN Code / Title 34 / Chapter 6 / Section 34-6-102
"Durable power of attorney" defined
Status: in_force

A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney in fact in writing and the writing contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal," or "This power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable, notwithstanding the principal's subsequent disability or incapacity. Acts 1983, ch. 299, § 2; T.C.A., § 34-13-102.
A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney in fact in writing and the writing contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal," or "This power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable, notwithstanding the principal's subsequent disability or incapacity.
Acts 1983, ch. 299, § 2; T.C.A., § 34-13-102.
Tenn. Code Ann. § 34-3-108 — TN Code / Title 34 / Chapter 3 / Section 34-3-108
Discharge of conservator - Modification of duties - Termination - Final accountings and distribution of assets
Status: in_force

(a) A conservator appointed under this chapter may be discharged or have its duties modified if the court determines that the respondent is no longer a person with a disability, or that it is in the best interests of the person with a disability that the conservatorship be terminated, or that the conservator has failed to perform its duties and obligations in accordance with the law, or that the conservator has failed to act in the best interest of the person with a disability so as to warrant modification or termination. The person with a disability or any interested person on the behalf of the person with a disability may petition the court at any time for a termination or modification order under this section. (b) A petition under subsection (a), if made by the person with a disability, may be communicated to the court by any means including oral communication or informal letter. (c) The court, upon receipt of the petition filed under this section, shall conduct a hearing. At the hearing, the person with a disability has all the rights set out in § 34-3-106 . Prior to the holding of the hearing, the court may require that the person with a disability submit to an examination as required by § 34-3-105 to support the person with a disability's contention that a conservator is no longer needed. (d) Upon conclusion of the hearing, the court shall enter an order setting forth the court's findings of fact and may do any of the following: (1) Dismiss the petition; (2) Remove the conservator and dissolve the original order; (3) Remove the conservator and appoint a successor; (4) Modify the original order; or (5) Grant any other relief the court considers appropriate and in the best interest of the person with a disability. (e) When the person with a disability dies or the court earlier determines a conservator is no longer needed and issues an order terminating the conservatorship, the conservatorship shall terminate. If the conservator has responsibility for the property of the person with a disability, within one hundred twenty (120) days after the date the conservatorship terminates, the conservator shall file a preliminary final accounting with the court, which shall account for all assets, receipts, and disbursements from the date of the last accounting until the date the conservatorship terminates, and shall detail the amount of the final distribution to close the conservatorship. If no objections have been filed to the clerk's report on the preliminary final accounting within thirty (30) days from the date the clerk's report is filed, the conservator shall distribute the remaining assets. The receipts and final cancelled checks evidencing the final distributions shall be filed with the court by the conservator. When the evidence of the final distribution is filed with the court and on order of the court, the conservatorship proceeding shall be closed. (f) Any person listed in § 34-3-103(1)-(4) may petition the court to require the conservator to grant any of the rights provided in § 34-3-107(a)(2)(P) . The prevailing party in a petition under this subsection (f) shall be entitled to court costs and reasonable attorney fees. Amended by 2016 Tenn. Acts, ch. 1062,s 3, eff. 5/16/2016. Amended by 2013 Tenn. Acts, ch. 435,s 31, eff. 7/1/2013. Acts 1992, ch. 794, § 48; 1994, ch. 855, § 15; 1996, ch. 880, § 1; T.C.A. § 34-13-108.
(a) A conservator appointed under this chapter may be discharged or have its duties modified if the court determines that the respondent is no longer a person with a disability, or that it is in the best interests of the person with a disability that the conservatorship be terminated, or that the conservator has failed to perform its duties and obligations in accordance with the law, or that the conservator has failed to act in the best interest of the person with a disability so as to warrant modification or termination. The person with a disability or any interested person on the behalf of the person with a disability may petition the court at any time for a termination or modification order under this section.
(b) A petition under subsection (a), if made by the person with a disability, may be communicated to the court by any means including oral communication or informal letter.
(c) The court, upon receipt of the petition filed under this section, shall conduct a hearing. At the hearing, the person with a disability has all the rights set out in § 34-3-106 . Prior to the holding of the hearing, the court may require that the person with a disability submit to an examination as required by § 34-3-105 to support the person with a disability's contention that a conservator is no longer needed.
(d) Upon conclusion of the hearing, the court shall enter an order setting forth the court's findings of fact and may do any of the following: (1) Dismiss the petition; (2) Remove the conservator and dissolve the original order; (3) Remove the conservator and appoint a successor; (4) Modify the original order; or (5) Grant any other relief the court considers appropriate and in the best interest of the person with a disability.
(1) Dismiss the petition;
(2) Remove the conservator and dissolve the original order;
(3) Remove the conservator and appoint a successor;
(4) Modify the original order; or
(5) Grant any other relief the court considers appropriate and in the best interest of the person with a disability.
(e) When the person with a disability dies or the court earlier determines a conservator is no longer needed and issues an order terminating the conservatorship, the conservatorship shall terminate. If the conservator has responsibility for the property of the person with a disability, within one hundred twenty (120) days after the date the conservatorship terminates, the conservator shall file a preliminary final accounting with the court, which shall account for all assets, receipts, and disbursements from the date of the last accounting until the date the conservatorship terminates, and shall detail the amount of the final distribution to close the conservatorship. If no objections have been filed to the clerk's report on the preliminary final accounting within thirty (30) days from the date the clerk's report is filed, the conservator shall distribute the remaining assets. The receipts and final cancelled checks evidencing the final distributions shall be filed with the court by the conservator. When the evidence of the final distribution is filed with the court and on order of the court, the conservatorship proceeding shall be closed.
(f) Any person listed in § 34-3-103(1)-(4) may petition the court to require the conservator to grant any of the rights provided in § 34-3-107(a)(2)(P) . The prevailing party in a petition under this subsection (f) shall be entitled to court costs and reasonable attorney fees.
Amended by 2016 Tenn. Acts, ch. 1062,s 3, eff. 5/16/2016.
Amended by 2013 Tenn. Acts, ch. 435,s 31, eff. 7/1/2013.
Acts 1992, ch. 794, § 48; 1994, ch. 855, § 15; 1996, ch. 880, § 1; T.C.A. § 34-13-108.
Tenn. Code Ann. § 34-2-106 — TN Code / Title 34 / Chapter 2 / Section 34-2-106
Minor attaining eighteen (18)
Status: in_force

(a) Except as provided in subsection (c), when the minor for whom a guardian of the person is serving reaches the age of eighteen (18) years of age, the guardianship of the person of the minor shall terminate. (b) (1) When the minor for whom a guardian of the estate of the minor is serving reaches eighteen (18) years of age, the guardianship shall terminate. (2) Any interested person, including, but not limited to, the guardian of the estate of the minor, may, not more than ninety (90) days before the minor reaches eighteen (18) years of age and not later than the filing of the preliminary final accounting, petition the court to continue the guardianship for a period of time not to extend beyond the person's twenty-fifth birthday. A copy of the petition shall be served on the minor or it must be shown that the minor has actual notice of the filing of the petition. (3) The burden of demonstrating why the guardianship of the estate of such person should continue shall be on the person seeking the continuation of the guardianship. In determining whether to terminate the guardianship, the court shall consider whether the termination is in the best interest of the person, and the court shall consider the ability of the person to wisely manage and control the property irrespective of whether special needs exist. If the court so finds, the court shall continue the guardianship for a longer period of time not to extend beyond the person's twenty-fifth birthday. The court may permit either the payment of a portion of the estate or the establishment of a distribution schedule upon request of any party. If the court does not continue the guardianship, in the discretion of the court the minor may receive attorneys' fees from the person petitioning the court for continuation of the guardianship. (4) Within sixty (60) days after the guardianship of the estate of the person terminates, the guardian shall file a preliminary final accounting with the court, which shall account for all assets, receipts and disbursements from the date of the last accounting until the date the guardianship of the estate terminates, and shall detail the amount of the final distribution to close the guardianship of the estate of the person. If no objections have been filed to the clerk's report on the preliminary final accounting within thirty (30) days from the date the clerk's report is filed, the guardian shall distribute the remaining assets. The receipts and final cancelled checks evidencing the final distribution shall be filed with the court by the guardian. When the evidence of the final distribution is filed with the court, and on order of the court, the guardianship proceeding for the estate of the person shall be closed. A final accounting may not be waived by the minor for whom the guardian of an estate is serving regardless of the age of the minor. (c) If a minor for whom a guardian of the person or estate is serving has previously been determined to be a disabled person, when the minor reaches eighteen (18) years of age, the guardian shall automatically continue as conservator. If the guardian is the department of children's services, this subsection (c) shall not apply. Acts 1992, ch. 794, § 39; 1994, ch. 855, § 13; 1996, ch. 1015, § 1; 1996, ch. 1079, § 67; T.C.A. § 34-12-106.
(a) Except as provided in subsection (c), when the minor for whom a guardian of the person is serving reaches the age of eighteen (18) years of age, the guardianship of the person of the minor shall terminate.
(b) (1) When the minor for whom a guardian of the estate of the minor is serving reaches eighteen (18) years of age, the guardianship shall terminate. (2) Any interested person, including, but not limited to, the guardian of the estate of the minor, may, not more than ninety (90) days before the minor reaches eighteen (18) years of age and not later than the filing of the preliminary final accounting, petition the court to continue the guardianship for a period of time not to extend beyond the person's twenty-fifth birthday. A copy of the petition shall be served on the minor or it must be shown that the minor has actual notice of the filing of the petition. (3) The burden of demonstrating why the guardianship of the estate of such person should continue shall be on the person seeking the continuation of the guardianship. In determining whether to terminate the guardianship, the court shall consider whether the termination is in the best interest of the person, and the court shall consider the ability of the person to wisely manage and control the property irrespective of whether special needs exist. If the court so finds, the court shall continue the guardianship for a longer period of time not to extend beyond the person's twenty-fifth birthday. The court may permit either the payment of a portion of the estate or the establishment of a distribution schedule upon request of any party. If the court does not continue the guardianship, in the discretion of the court the minor may receive attorneys' fees from the person petitioning the court for continuation of the guardianship. (4) Within sixty (60) days after the guardianship of the estate of the person terminates, the guardian shall file a preliminary final accounting with the court, which shall account for all assets, receipts and disbursements from the date of the last accounting until the date the guardianship of the estate terminates, and shall detail the amount of the final distribution to close the guardianship of the estate of the person. If no objections have been filed to the clerk's report on the preliminary final accounting within thirty (30) days from the date the clerk's report is filed, the guardian shall distribute the remaining assets. The receipts and final cancelled checks evidencing the final distribution shall be filed with the court by the guardian. When the evidence of the final distribution is filed with the court, and on order of the court, the guardianship proceeding for the estate of the person shall be closed. A final accounting may not be waived by the minor for whom the guardian of an estate is serving regardless of the age of the minor.
(1) When the minor for whom a guardian of the estate of the minor is serving reaches eighteen (18) years of age, the guardianship shall terminate.
(2) Any interested person, including, but not limited to, the guardian of the estate of the minor, may, not more than ninety (90) days before the minor reaches eighteen (18) years of age and not later than the filing of the preliminary final accounting, petition the court to continue the guardianship for a period of time not to extend beyond the person's twenty-fifth birthday. A copy of the petition shall be served on the minor or it must be shown that the minor has actual notice of the filing of the petition.
(3) The burden of demonstrating why the guardianship of the estate of such person should continue shall be on the person seeking the continuation of the guardianship. In determining whether to terminate the guardianship, the court shall consider whether the termination is in the best interest of the person, and the court shall consider the ability of the person to wisely manage and control the property irrespective of whether special needs exist. If the court so finds, the court shall continue the guardianship for a longer period of time not to extend beyond the person's twenty-fifth birthday. The court may permit either the payment of a portion of the estate or the establishment of a distribution schedule upon request of any party. If the court does not continue the guardianship, in the discretion of the court the minor may receive attorneys' fees from the person petitioning the court for continuation of the guardianship.
(4) Within sixty (60) days after the guardianship of the estate of the person terminates, the guardian shall file a preliminary final accounting with the court, which shall account for all assets, receipts and disbursements from the date of the last accounting until the date the guardianship of the estate terminates, and shall detail the amount of the final distribution to close the guardianship of the estate of the person. If no objections have been filed to the clerk's report on the preliminary final accounting within thirty (30) days from the date the clerk's report is filed, the guardian shall distribute the remaining assets. The receipts and final cancelled checks evidencing the final distribution shall be filed with the court by the guardian. When the evidence of the final distribution is filed with the court, and on order of the court, the guardianship proceeding for the estate of the person shall be closed. A final accounting may not be waived by the minor for whom the guardian of an estate is serving regardless of the age of the minor.
(c) If a minor for whom a guardian of the person or estate is serving has previously been determined to be a disabled person, when the minor reaches eighteen (18) years of age, the guardian shall automatically continue as conservator. If the guardian is the department of children's services, this subsection (c) shall not apply.
Acts 1992, ch. 794, § 39; 1994, ch. 855, § 13; 1996, ch. 1015, § 1; 1996, ch. 1079, § 67; T.C.A. § 34-12-106.
Tenn. Code Ann. § 34-2-102 — TN Code / Title 34 / Chapter 2 / Section 34-2-102
Petition for appointment of guardian - Who may file
Status: in_force

A petition for the appointment of a guardian may be filed by any person having knowledge of the circumstances necessitating the appointment of a guardian. Acts 1992, ch. 794, § 35; T.C.A. § 34-12-102.
A petition for the appointment of a guardian may be filed by any person having knowledge of the circumstances necessitating the appointment of a guardian.
Acts 1992, ch. 794, § 35; T.C.A. § 34-12-102.
Tenn. Code Ann. § 34-3-102 — TN Code / Title 34 / Chapter 3 / Section 34-3-102
Petition for appointment of conservator - Who may file
Status: in_force

A petition for the appointment of a conservator may be filed by any person having knowledge of the circumstances necessitating the appointment of a conservator. Acts 1992, ch. 794, § 42; T.C.A. 34-13-102.
A petition for the appointment of a conservator may be filed by any person having knowledge of the circumstances necessitating the appointment of a conservator.
Acts 1992, ch. 794, § 42; T.C.A. 34-13-102.
Tenn. Code Ann. § 34-6-402 — TN Code / Title 34 / Chapter 6 / Section 34-6-402
Health care decisions for unemancipated minors - From whom obtained - Persons standing in loco parentis - Affidavit
Status: in_force

(a) (1) Health care decisions for an unemancipated minor child may be obtained from persons with authority to consent, including the appointed guardian or legal custodian, or the individual to whom the minor's custodial parent or legal guardian has given a signed authorization to make health care decisions through a military power of attorney or a limited power of attorney for the care of such minor child. (2) (A) When an individual listed in subdivision (a)(1) is not reasonably available, the following persons may stand in loco parentis for purposes of making health care decisions for an unemancipated minor in order of priority: (i) Noncustodial parent; (ii) Grandparent; (iii) Adult sibling; (iv) Stepparent; or (v) Another adult family member. (B) The treating health care provider, an employee of the treating health care provider, an operator or employee of a health care institution, and an employee of an operator of a health care institution shall not stand in loco parentis. (C) A person standing in loco parentis shall sign an in loco parentis affidavit under penalty of perjury stating that the person has taken responsibility for the health care of the minor child. (D) The affidavit shall expire sixty (60) days from the date of execution, and may be extended an additional sixty (60) days. (b) The decision of a person standing in loco parentis to make health care decisions for an unemancipated minor shall be superseded by a prior or subsequent, timely given, contravening decision of the minor's custodial parent, legal custodian, or legal guardian. Acts 2014, ch. 696, § 2.
(a) (1) Health care decisions for an unemancipated minor child may be obtained from persons with authority to consent, including the appointed guardian or legal custodian, or the individual to whom the minor's custodial parent or legal guardian has given a signed authorization to make health care decisions through a military power of attorney or a limited power of attorney for the care of such minor child. (2) (A) When an individual listed in subdivision (a)(1) is not reasonably available, the following persons may stand in loco parentis for purposes of making health care decisions for an unemancipated minor in order of priority: (i) Noncustodial parent; (ii) Grandparent; (iii) Adult sibling; (iv) Stepparent; or (v) Another adult family member. (B) The treating health care provider, an employee of the treating health care provider, an operator or employee of a health care institution, and an employee of an operator of a health care institution shall not stand in loco parentis. (C) A person standing in loco parentis shall sign an in loco parentis affidavit under penalty of perjury stating that the person has taken responsibility for the health care of the minor child. (D) The affidavit shall expire sixty (60) days from the date of execution, and may be extended an additional sixty (60) days.
(1) Health care decisions for an unemancipated minor child may be obtained from persons with authority to consent, including the appointed guardian or legal custodian, or the individual to whom the minor's custodial parent or legal guardian has given a signed authorization to make health care decisions through a military power of attorney or a limited power of attorney for the care of such minor child.
(2) (A) When an individual listed in subdivision (a)(1) is not reasonably available, the following persons may stand in loco parentis for purposes of making health care decisions for an unemancipated minor in order of priority: (i) Noncustodial parent; (ii) Grandparent; (iii) Adult sibling; (iv) Stepparent; or (v) Another adult family member. (B) The treating health care provider, an employee of the treating health care provider, an operator or employee of a health care institution, and an employee of an operator of a health care institution shall not stand in loco parentis. (C) A person standing in loco parentis shall sign an in loco parentis affidavit under penalty of perjury stating that the person has taken responsibility for the health care of the minor child. (D) The affidavit shall expire sixty (60) days from the date of execution, and may be extended an additional sixty (60) days.
(A) When an individual listed in subdivision (a)(1) is not reasonably available, the following persons may stand in loco parentis for purposes of making health care decisions for an unemancipated minor in order of priority: (i) Noncustodial parent; (ii) Grandparent; (iii) Adult sibling; (iv) Stepparent; or (v) Another adult family member.
(i) Noncustodial parent;
(ii) Grandparent;
(iii) Adult sibling;
(iv) Stepparent; or
(v) Another adult family member.
(B) The treating health care provider, an employee of the treating health care provider, an operator or employee of a health care institution, and an employee of an operator of a health care institution shall not stand in loco parentis.
(C) A person standing in loco parentis shall sign an in loco parentis affidavit under penalty of perjury stating that the person has taken responsibility for the health care of the minor child.
(D) The affidavit shall expire sixty (60) days from the date of execution, and may be extended an additional sixty (60) days.
(b) The decision of a person standing in loco parentis to make health care decisions for an unemancipated minor shall be superseded by a prior or subsequent, timely given, contravening decision of the minor's custodial parent, legal custodian, or legal guardian.
Acts 2014, ch. 696, § 2.
Tenn. Code Ann. § 34-1-131 — TN Code / Title 34 / Chapter 1 / Section 34-1-131
Examination of annual accounting - Report to judge
Status: in_force

The clerk shall examine the annual accounting of the fiduciary and make a report on the accounting to the judge. Acts 1992, ch. 794, § 32; T.C.A. § 34-11-131.
The clerk shall examine the annual accounting of the fiduciary and make a report on the accounting to the judge.
Acts 1992, ch. 794, § 32; T.C.A. § 34-11-131.
Tenn. Code Ann. § 34-6-211 — TN Code / Title 34 / Chapter 6 / Section 34-6-211
Required execution of durable power of attorney for health care prohibited
Status: in_force

No health care provider, medical service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare plan, or nonprofit hospital plan or similar insurance or medical plan may condition admission to a health care institution, or the providing of treatment, or insurance, on the requirement that a patient execute a durable power of attorney for health care. Acts 1990, ch. 831, § 11.
No health care provider, medical service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare plan, or nonprofit hospital plan or similar insurance or medical plan may condition admission to a health care institution, or the providing of treatment, or insurance, on the requirement that a patient execute a durable power of attorney for health care.
Acts 1990, ch. 831, § 11.
Tenn. Code Ann. § 34-6-302 — TN Code / Title 34 / Chapter 6 / Section 34-6-302
Delegation of authority - "Parent" defined
Status: in_force

(a) (1) A parent or parents of a minor child may delegate to any adult person residing in this state temporary care-giving authority regarding the minor child when hardship prevents the parent or parents from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for care of a minor child on a form provided by the department of children's services. Hardships may include but are not limited to: (A) The serious illness or incarceration of a parent or legal guardian; (B) The physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided; or (C) The loss or uninhabitability of the child's home as the result of a natural disaster. (2) A local education agency (LEA) is not required to enroll a student with a power of attorney stating a hardship other than one (1) of the three (3) specifically stated in subdivisions (a)(1)(A)-(C). The LEA may, however, enroll a student with a properly executed power of attorney for other hardships on a case by case basis. (b) The power of attorney for care of the minor child shall be signed by the parent and acknowledged before a notary public or two (2) witnesses who shall sign and date their signatures concurrently and in each other's presence. (c) For purposes of this part the term "parent" includes a legal guardian or legal custodian of the minor child. Amended by 2014 Tenn. Acts, ch. 696,s 1, eff. 7/1/2014. Acts 2003, ch. 71, § 1; 2004, ch. 521, § 1.
(a) (1) A parent or parents of a minor child may delegate to any adult person residing in this state temporary care-giving authority regarding the minor child when hardship prevents the parent or parents from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for care of a minor child on a form provided by the department of children's services. Hardships may include but are not limited to: (A) The serious illness or incarceration of a parent or legal guardian; (B) The physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided; or (C) The loss or uninhabitability of the child's home as the result of a natural disaster. (2) A local education agency (LEA) is not required to enroll a student with a power of attorney stating a hardship other than one (1) of the three (3) specifically stated in subdivisions (a)(1)(A)-(C). The LEA may, however, enroll a student with a properly executed power of attorney for other hardships on a case by case basis.
(1) A parent or parents of a minor child may delegate to any adult person residing in this state temporary care-giving authority regarding the minor child when hardship prevents the parent or parents from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for care of a minor child on a form provided by the department of children's services. Hardships may include but are not limited to: (A) The serious illness or incarceration of a parent or legal guardian; (B) The physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided; or (C) The loss or uninhabitability of the child's home as the result of a natural disaster.
(A) The serious illness or incarceration of a parent or legal guardian;
(B) The physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided; or
(C) The loss or uninhabitability of the child's home as the result of a natural disaster.
(2) A local education agency (LEA) is not required to enroll a student with a power of attorney stating a hardship other than one (1) of the three (3) specifically stated in subdivisions (a)(1)(A)-(C). The LEA may, however, enroll a student with a properly executed power of attorney for other hardships on a case by case basis.
(b) The power of attorney for care of the minor child shall be signed by the parent and acknowledged before a notary public or two (2) witnesses who shall sign and date their signatures concurrently and in each other's presence.
(c) For purposes of this part the term "parent" includes a legal guardian or legal custodian of the minor child.
Amended by 2014 Tenn. Acts, ch. 696,s 1, eff. 7/1/2014.
Acts 2003, ch. 71, § 1; 2004, ch. 521, § 1.
Tenn. Code Ann. § 34-2-101 — TN Code / Title 34 / Chapter 2 / Section 34-2-101
Actions for appointment of guardian - Where brought
Status: in_force

(a) Actions for the appointment of only a guardian of the person may be brought in the juvenile court in the county in which there is venue. Actions for the appointment of a guardian of the person or property or both may be brought in a court exercising probate jurisdiction or any other court of record in the county in which there is venue. (b) An action for the appointment of a guardian may be brought in the county of residence of the minor, the county of residence of the minor's parents or, if the minor's parents are living apart, the county of residence of the custodial parent. Acts 1992, ch. 794, § 34; T.C.A. § 34-12-101.
(a) Actions for the appointment of only a guardian of the person may be brought in the juvenile court in the county in which there is venue. Actions for the appointment of a guardian of the person or property or both may be brought in a court exercising probate jurisdiction or any other court of record in the county in which there is venue.
(b) An action for the appointment of a guardian may be brought in the county of residence of the minor, the county of residence of the minor's parents or, if the minor's parents are living apart, the county of residence of the custodial parent.
Acts 1992, ch. 794, § 34; T.C.A. § 34-12-101.
Tenn. Code Ann. § 34-6-209 — TN Code / Title 34 / Chapter 6 / Section 34-6-209
Emergency care
Status: in_force

This part does not affect the law governing health care treatment in an emergency. Acts 1990, ch. 831, § 9.
This part does not affect the law governing health care treatment in an emergency.
Acts 1990, ch. 831, § 9.
Tenn. Code Ann. § 34-1-132 — TN Code / Title 34 / Chapter 1 / Section 34-1-132
Appointment of emergency guardian or conservator
Status: in_force

(a) If the court finds that compliance with the procedures of this title will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person, including an agent acting under the Health Care Decision Act, compiled in title 68, chapter 11, part 18, or 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 pursuant to title 32, chapter 11, appears to have authority to act, willingness to act, and is acting in the best interests of the respondent in the circumstances, then the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian or conservator whose authority may not exceed sixty (60) days and who may exercise only the powers specified in the order. Immediately upon receipt of the petition for an emergency guardianship or conservatorship, the court shall appoint an attorney ad litem to represent the respondent in the proceeding. Except as otherwise provided in subsection (b), reasonable notice of the time and place of a hearing on the petition shall be given to the respondent and any other person as the court directs. (b) An emergency guardian or conservator may be appointed without notice to the respondent and the attorney ad litem only if the court finds upon a sworn petition that the respondent will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian or conservator without notice to the respondent, the respondent shall be given notice of the appointment within forty-eight (48) hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within five (5) days after the appointment. (c) Appointment of an emergency guardian or conservator, with or without notice, is not a determination of the respondent's incapacity. (d) The court may remove an emergency guardian or conservator at any time. The court may appoint a guardian ad litem to investigate the circumstances. An emergency guardian or conservator shall make any report the court requires. In other respects, the provisions of this title concerning guardians or conservators apply to an emergency guardian or conservator. (e) The time periods set forth above in this section are mandatory and not directory. Failure to comply with those provisions shall void any emergency appointment and remove the authority previously granted to an emergency fiduciary. (f) The cost of the attorney ad litem in an emergency guardianship or conservatorship 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 emergency guardianship or conservatorship proceeding because of a finding of fraud, bad faith, or deception by the petitioner or when the court determines there are 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 2, eff. 4/29/2024. Added by 2013 Tenn. Acts, ch. 435, s 24, eff. 7/1/2013.
(a) If the court finds that compliance with the procedures of this title will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person, including an agent acting under the Health Care Decision Act, compiled in title 68, chapter 11, part 18, or 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 pursuant to title 32, chapter 11, appears to have authority to act, willingness to act, and is acting in the best interests of the respondent in the circumstances, then the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian or conservator whose authority may not exceed sixty (60) days and who may exercise only the powers specified in the order. Immediately upon receipt of the petition for an emergency guardianship or conservatorship, the court shall appoint an attorney ad litem to represent the respondent in the proceeding. Except as otherwise provided in subsection (b), reasonable notice of the time and place of a hearing on the petition shall be given to the respondent and any other person as the court directs.
(b) An emergency guardian or conservator may be appointed without notice to the respondent and the attorney ad litem only if the court finds upon a sworn petition that the respondent will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian or conservator without notice to the respondent, the respondent shall be given notice of the appointment within forty-eight (48) hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within five (5) days after the appointment.
(c) Appointment of an emergency guardian or conservator, with or without notice, is not a determination of the respondent's incapacity.
(d) The court may remove an emergency guardian or conservator at any time. The court may appoint a guardian ad litem to investigate the circumstances. An emergency guardian or conservator shall make any report the court requires. In other respects, the provisions of this title concerning guardians or conservators apply to an emergency guardian or conservator.
(e) The time periods set forth above in this section are mandatory and not directory. Failure to comply with those provisions shall void any emergency appointment and remove the authority previously granted to an emergency fiduciary.
(f) The cost of the attorney ad litem in an emergency guardianship or conservatorship 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 emergency guardianship or conservatorship proceeding because of a finding of fraud, bad faith, or deception by the petitioner or when the court determines there are 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 2, eff. 4/29/2024.
Added by 2013 Tenn. Acts, ch. 435, s 24, eff. 7/1/2013.
Tenn. Code Ann. § 34-5-101 — TN Code / Title 34 / Chapter 5 / Section 34-5-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Uniform Veterans' Guardianship Law." Acts 1943, ch. 90, § 20; C. Supp. 1950, § 8558.1; T.C.A. (orig. ed.), § 34-901.
This chapter shall be known and may be cited as the "Uniform Veterans' Guardianship Law."
Acts 1943, ch. 90, § 20; C. Supp. 1950, § 8558.1; T.C.A. (orig. ed.), § 34-901.
Tenn. Code Ann. § 34-6-105 — TN Code / Title 34 / Chapter 6 / Section 34-6-105
Effect of death, disability or incapacity of principal
Status: in_force

(a) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal. (b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. (c) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under either a durable power of attorney, stating that the attorney in fact does not have actual knowledge of the termination of the durable power of attorney by revocation or death of the principal at the time of the exercise of the power, or a power of attorney that is not durable, stating that the attorney in fact does not have actual knowledge of the termination of the power of attorney by revocation or disability, incapacity or death of the principal at the time of the exercise of the power, is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This subsection (c) does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation in the principal's capacity. Acts 1983, ch. 299, §§ 5, 6; T.C.A., §§ 34-13-105, 34-13-106; Acts 2007, ch. 8, § 8.
(a) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal.
(b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(c) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under either a durable power of attorney, stating that the attorney in fact does not have actual knowledge of the termination of the durable power of attorney by revocation or death of the principal at the time of the exercise of the power, or a power of attorney that is not durable, stating that the attorney in fact does not have actual knowledge of the termination of the power of attorney by revocation or disability, incapacity or death of the principal at the time of the exercise of the power, is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This subsection (c) does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation in the principal's capacity.
Acts 1983, ch. 299, §§ 5, 6; T.C.A., §§ 34-13-105, 34-13-106; Acts 2007, ch. 8, § 8.
Tenn. Code Ann. § 34-6-214 — TN Code / Title 34 / Chapter 6 / Section 34-6-214
Transfer of patient by health care provider
Status: in_force

Any health care provider shall arrange for the prompt and orderly transfer of a patient to the care of others when as a matter of conscience the health care provider cannot implement the health care decisions made by the attorney in fact for the principal as provided in a durable power of attorney for health care. Acts 1990, ch. 831, § 13.
Any health care provider shall arrange for the prompt and orderly transfer of a patient to the care of others when as a matter of conscience the health care provider cannot implement the health care decisions made by the attorney in fact for the principal as provided in a durable power of attorney for health care.
Acts 1990, ch. 831, § 13.
Tenn. Code Ann. § 34-6-201 — TN Code / Title 34 / Chapter 6 / Section 34-6-201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Durable power of attorney for health care" means a durable power of attorney to the extent that it authorizes an attorney in fact to make health care decisions for the principal; (2) "Health care" means any care, treatment, service or procedure to maintain, diagnose or treat an individual's physical or mental condition, and includes medical care as defined in § 32-11-103 ; (3) "Health care decision" means consent, refusal of consent or withdrawal of consent to health care; (4) "Health care institution" means a health care institution as defined in § 68-11-1602 ; (5) "Health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession; and (6) "Person" includes an individual, corporation, partnership, association, the state, a city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity. Acts 1990, ch. 831, § 2.
As used in this part, unless the context otherwise requires:
(1) "Durable power of attorney for health care" means a durable power of attorney to the extent that it authorizes an attorney in fact to make health care decisions for the principal;
(2) "Health care" means any care, treatment, service or procedure to maintain, diagnose or treat an individual's physical or mental condition, and includes medical care as defined in § 32-11-103 ;
(3) "Health care decision" means consent, refusal of consent or withdrawal of consent to health care;
(4) "Health care institution" means a health care institution as defined in § 68-11-1602 ;
(5) "Health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession; and
(6) "Person" includes an individual, corporation, partnership, association, the state, a city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.
Acts 1990, ch. 831, § 2.
Tenn. Code Ann. § 34-6-305 — TN Code / Title 34 / Chapter 6 / Section 34-6-305
Revocation of power of attorney
Status: in_force

The power of attorney does not provide legal custody to the caregiver; provided, however, that, if at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any healthcare or educational decisions for the minor child, the parent must revoke the power of attorney and provide the health care provider and local education agency either written documentation of the revocation or a court order appointing a legal guardian or legal custodian. Acts 2003, ch. 71, § 1.
The power of attorney does not provide legal custody to the caregiver; provided, however, that, if at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any healthcare or educational decisions for the minor child, the parent must revoke the power of attorney and provide the health care provider and local education agency either written documentation of the revocation or a court order appointing a legal guardian or legal custodian.
Acts 2003, ch. 71, § 1.
Tenn. Code Ann. § 34-8-103 — TN Code / Title 34 / Chapter 8 / Section 34-8-103
International application of chapter
Status: in_force

A court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter. Acts 2010, ch. 817, § 1.
A court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-1-122 — TN Code / Title 34 / Chapter 1 / Section 34-1-122
Distributions to persons other than minor - Gift program
Status: in_force

In considering expenditures of income or principal of the property of the minor or person with a disability, the court may authorize distributions to persons other than the minor or person with a disability if the court determines the expenditures are in the best interests of the minor or person with a disability. In making its decision, the court may consider whatever information the court deems relevant to its decision, keeping in mind its primary responsibility is for the care and maintenance of the minor or person with a disability and the person's property. No gift program shall be authorized unless there is evidence the person with a disability established a gift program prior to becoming a person with a disability or, even though the person with a disability had not established a gift program, a gift program would reduce the person with a disability's tax liability and would not jeopardize the person with a disability's care and long-term well-being. Amended by 2013 Tenn. Acts, ch. 435,s 41, eff. 7/1/2013. Acts 1992, ch. 794, § 23; T.C.A. § 34-11-122.
In considering expenditures of income or principal of the property of the minor or person with a disability, the court may authorize distributions to persons other than the minor or person with a disability if the court determines the expenditures are in the best interests of the minor or person with a disability. In making its decision, the court may consider whatever information the court deems relevant to its decision, keeping in mind its primary responsibility is for the care and maintenance of the minor or person with a disability and the person's property. No gift program shall be authorized unless there is evidence the person with a disability established a gift program prior to becoming a person with a disability or, even though the person with a disability had not established a gift program, a gift program would reduce the person with a disability's tax liability and would not jeopardize the person with a disability's care and long-term well-being.
Amended by 2013 Tenn. Acts, ch. 435,s 41, eff. 7/1/2013.
Acts 1992, ch. 794, § 23; T.C.A. § 34-11-122.
Tenn. Code Ann. § 34-6-308 — TN Code / Title 34 / Chapter 6 / Section 34-6-308
Liability for reliance on power of attorney
Status: in_force

No person, school official, or health care provider who acts in good faith reliance on a power of attorney for care of a minor child to enroll the child in school or to provide medical, dental, or mental health care, without actual knowledge of facts contrary to those authorized, is subject to criminal liability or to civil liability to any person, or is subject to professional disciplinary action, for that reliance. This section shall apply even if medical, dental, or mental health care is provided to a minor child or the child is enrolled in a school in contravention of the wishes of the parent with legal custody of the minor child, as long as the person, school official, or health care provider has been provided a copy of an appropriately executed power of attorney for care of a minor child, and has not been provided written documentation that the parent has revoked the power of attorney for care of a minor child. Acts 2003, ch. 71, § 1.
No person, school official, or health care provider who acts in good faith reliance on a power of attorney for care of a minor child to enroll the child in school or to provide medical, dental, or mental health care, without actual knowledge of facts contrary to those authorized, is subject to criminal liability or to civil liability to any person, or is subject to professional disciplinary action, for that reliance. This section shall apply even if medical, dental, or mental health care is provided to a minor child or the child is enrolled in a school in contravention of the wishes of the parent with legal custody of the minor child, as long as the person, school official, or health care provider has been provided a copy of an appropriately executed power of attorney for care of a minor child, and has not been provided written documentation that the parent has revoked the power of attorney for care of a minor child.
Acts 2003, ch. 71, § 1.
Tenn. Code Ann. § 34-8-204 — TN Code / Title 34 / Chapter 8 / Section 34-8-204
Special jurisdiction
Status: in_force

(a) A court of this state lacking jurisdiction under § 34-8-203(1)-(3) has special jurisdiction to do any of the following: (1) Appoint a conservator or guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state; (2) Issue a protective order with respect to real or tangible personal property located in this state; and (3) Appoint a conservator or guardian for a respondent for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 34-8-301 . (b) If a petition for the appointment of a conservator or guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. Acts 2010, ch. 817, § 1.
(a) A court of this state lacking jurisdiction under § 34-8-203(1)-(3) has special jurisdiction to do any of the following: (1) Appoint a conservator or guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state; (2) Issue a protective order with respect to real or tangible personal property located in this state; and (3) Appoint a conservator or guardian for a respondent for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 34-8-301 .
(1) Appoint a conservator or guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;
(2) Issue a protective order with respect to real or tangible personal property located in this state; and
(3) Appoint a conservator or guardian for a respondent for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 34-8-301 .
(b) If a petition for the appointment of a conservator or guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-1-128 — TN Code / Title 34 / Chapter 1 / Section 34-1-128
Duties of court clerk - Records - Index - Deadlines - Notices and summons
Status: in_force

The clerk shall maintain on all guardianship and conservatorship cases the same type docket books, files, minute books, and other records as in all other cases. In addition, the clerk shall maintain an appropriate index or tickler so that reporting deadlines established in §§ 34-1-110 and 34-1-111 and the like are easily ascertainable. The clerk shall issue the notices and summons described in §§ 34-1-110 and 34-1-111 to each delinquent fiduciary. Acts 1992, ch. 794, § 29; T.C.A. § 34-11-128.
The clerk shall maintain on all guardianship and conservatorship cases the same type docket books, files, minute books, and other records as in all other cases. In addition, the clerk shall maintain an appropriate index or tickler so that reporting deadlines established in §§ 34-1-110 and 34-1-111 and the like are easily ascertainable. The clerk shall issue the notices and summons described in §§ 34-1-110 and 34-1-111 to each delinquent fiduciary.
Acts 1992, ch. 794, § 29; T.C.A. § 34-11-128.
Tenn. Code Ann. § 34-6-216 — TN Code / Title 34 / Chapter 6 / Section 34-6-216
Attorney in fact other than parent
Status: in_force

If a valid durable power of attorney for health care, executed pursuant to this part, designates a person other than a child's parent to consent to treatments or procedures, the power of attorney shall control. Acts 1995, ch. 317, § 1.
If a valid durable power of attorney for health care, executed pursuant to this part, designates a person other than a child's parent to consent to treatments or procedures, the power of attorney shall control.
Acts 1995, ch. 317, § 1.
Tenn. Code Ann. § 34-5-118 — TN Code / Title 34 / Chapter 5 / Section 34-5-118
Commitment to veterans administration or other federal agency
Status: in_force

(a) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be incompetent or otherwise in need of placement in a hospital or other institution for proper care, it is determined, after the adjudication of the status of that person as may be required by law, that commitment to a hospital for mental illness or other institution is necessary for care or treatment, and it appears that the person is eligible for care or treatment by the veterans administration or other agency of the United States government, the court, upon receipt of a certificate from the veterans administration or other agency showing that facilities are available and that the person is eligible for care or treatment in those facilities, may commit the person to the veterans administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state, and nothing in this chapter shall affect the person's right to appear and be heard in the proceedings. Upon commitment, the person, when admitted to any facility operated by an agency within or without this state, shall be subject to the rules and regulations of the veterans administration or other agency. The chief officer of any facility of the veterans administration or institution operated by any other agency of the United States to which the person is so committed shall, with respect to the person, be vested with the same powers as superintendents of state hospitals for mental illness within this state with respect to retention of custody, transfer, or discharge. Jurisdiction is retained in the committing or other appropriate court of this state at any time to inquire into the mental condition of the person so committed, and to determine the necessity for continuance of commitment, and all commitments pursuant to this chapter are so conditioned. (b) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the veterans administration, or other agency of the United States government for care or treatment, shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the court of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of that person, and of determining the necessity for continuance of restraint, as is provided in subsection (a) with respect to persons committed by the courts of this state. Consent is given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the veterans administration, or of any institution operated in this state by any other agency of the United States to retain custody, or to transfer, parole or discharge the committed person. (c) Upon receipt of a certificate of the veterans administration or another agency of the United States that facilities are available for the care or treatment of any person previously committed to any hospital for the insane, or other institution for the care or treatment of persons similarly afflicted and that the person is eligible for care or treatment, the superintendent of the institution may cause the transfer of the person to the veterans administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer of the court shall be notified of the transfer by the transferring agency. No person who is confined pursuant to conviction of any felony or misdemeanor or who has been acquitted of the charge solely on the ground of insanity shall be transferred to the veterans administration or other agency of the United States, unless prior to transfer the court or other authority originally committing the person shall enter an order for the transfer after appropriate motion and hearing. (d) Any person transferred as provided in this section shall be deemed to be committed to the veterans administration or other agency of the United States pursuant to the original commitment. Acts 1943, ch. 90, § 18; C. Supp. 1950, § 8558.18 (Williams, § 8556.1); T.C.A. (orig. ed.), §34-918; Acts 2011 , ch. 47, § 26.
(a) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be incompetent or otherwise in need of placement in a hospital or other institution for proper care, it is determined, after the adjudication of the status of that person as may be required by law, that commitment to a hospital for mental illness or other institution is necessary for care or treatment, and it appears that the person is eligible for care or treatment by the veterans administration or other agency of the United States government, the court, upon receipt of a certificate from the veterans administration or other agency showing that facilities are available and that the person is eligible for care or treatment in those facilities, may commit the person to the veterans administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state, and nothing in this chapter shall affect the person's right to appear and be heard in the proceedings. Upon commitment, the person, when admitted to any facility operated by an agency within or without this state, shall be subject to the rules and regulations of the veterans administration or other agency. The chief officer of any facility of the veterans administration or institution operated by any other agency of the United States to which the person is so committed shall, with respect to the person, be vested with the same powers as superintendents of state hospitals for mental illness within this state with respect to retention of custody, transfer, or discharge. Jurisdiction is retained in the committing or other appropriate court of this state at any time to inquire into the mental condition of the person so committed, and to determine the necessity for continuance of commitment, and all commitments pursuant to this chapter are so conditioned.
(b) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the veterans administration, or other agency of the United States government for care or treatment, shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the court of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of that person, and of determining the necessity for continuance of restraint, as is provided in subsection (a) with respect to persons committed by the courts of this state. Consent is given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the veterans administration, or of any institution operated in this state by any other agency of the United States to retain custody, or to transfer, parole or discharge the committed person.
(c) Upon receipt of a certificate of the veterans administration or another agency of the United States that facilities are available for the care or treatment of any person previously committed to any hospital for the insane, or other institution for the care or treatment of persons similarly afflicted and that the person is eligible for care or treatment, the superintendent of the institution may cause the transfer of the person to the veterans administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer of the court shall be notified of the transfer by the transferring agency. No person who is confined pursuant to conviction of any felony or misdemeanor or who has been acquitted of the charge solely on the ground of insanity shall be transferred to the veterans administration or other agency of the United States, unless prior to transfer the court or other authority originally committing the person shall enter an order for the transfer after appropriate motion and hearing.
(d) Any person transferred as provided in this section shall be deemed to be committed to the veterans administration or other agency of the United States pursuant to the original commitment.
Acts 1943, ch. 90, § 18; C. Supp. 1950, § 8558.18 (Williams, § 8556.1); T.C.A. (orig. ed.), §34-918; Acts 2011 , ch. 47, § 26.
Tenn. Code Ann. § 34-7-103 — TN Code / Title 34 / Chapter 7 / Section 34-7-103
Creation and administration of statewide program
Status: in_force

A statewide program to provide guardianship for the elderly is created and will be administered by the department of disability and aging, which shall adopt policies and may promulgate rules to govern the operation of district public guardians within each development district, and implement the law. The department shall provide a coordinator to monitor program development and operation, and shall contract with the grantee agencies in each of the nine (9) development districts which are the planning and service areas designated by the department. Each grantee agency in the nine (9) development districts shall hire staff to serve as district public guardian in the planning and service area. Amended by 2024 Tenn. Acts, ch. 688,s 117, eff. 7/1/2024. Acts 1986, ch. 895, § 3; 1987, ch. 333, § 1.
A statewide program to provide guardianship for the elderly is created and will be administered by the department of disability and aging, which shall adopt policies and may promulgate rules to govern the operation of district public guardians within each development district, and implement the law. The department shall provide a coordinator to monitor program development and operation, and shall contract with the grantee agencies in each of the nine (9) development districts which are the planning and service areas designated by the department. Each grantee agency in the nine (9) development districts shall hire staff to serve as district public guardian in the planning and service area.
Amended by 2024 Tenn. Acts, ch. 688,s 117, eff. 7/1/2024.
Acts 1986, ch. 895, § 3; 1987, ch. 333, § 1.
Tenn. Code Ann. § 34-3-106 — TN Code / Title 34 / Chapter 3 / Section 34-3-106
Rights of respondent
Status: in_force

The respondent has the right to: (1) On demand by respondent or the guardian ad litem, a hearing on the issue of disability; (2) Present evidence, including testimony or other evidence from a physician, psychologist or senior psychological examiner of the respondent's choosing, and confront, as a cross-examiner, witnesses; (3) Appeal the final decision on the petition with the assistance of an attorney ad litem or adversary counsel; (4) Attend any hearing; (5) Have an attorney ad litem appointed to advocate the interests of the respondent; and (6) Request a protective order placing under seal the respondent's financial information and any health information not otherwise protected by § 34-3-105(f) . Amended by 2021 Tenn. Acts, ch. 305, s 4, eff. 5/4/2021. Amended by 2014 Tenn. Acts, ch. 799, s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 435, s 28, eff. 7/1/2013. Acts 1992, ch. 794, § 46; 1996, ch. 1015, § 2; T.C.A. § 34-13-106.
The respondent has the right to:
(1) On demand by respondent or the guardian ad litem, a hearing on the issue of disability;
(2) Present evidence, including testimony or other evidence from a physician, psychologist or senior psychological examiner of the respondent's choosing, and confront, as a cross-examiner, witnesses;
(3) Appeal the final decision on the petition with the assistance of an attorney ad litem or adversary counsel;
(4) Attend any hearing;
(5) Have an attorney ad litem appointed to advocate the interests of the respondent; and
(6) Request a protective order placing under seal the respondent's financial information and any health information not otherwise protected by § 34-3-105(f) .
Amended by 2021 Tenn. Acts, ch. 305, s 4, eff. 5/4/2021.
Amended by 2014 Tenn. Acts, ch. 799, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 435, s 28, eff. 7/1/2013.
Acts 1992, ch. 794, § 46; 1996, ch. 1015, § 2; T.C.A. § 34-13-106.
Tenn. Code Ann. § 34-1-127 — TN Code / Title 34 / Chapter 1 / Section 34-1-127
Least restrictive alternative to be imposed
Status: in_force

The court has an affirmative duty to ascertain and impose the least restrictive alternatives upon the person with a disability that are consistent with adequate protection of the person with a disability and the property of the person with a disability. Amended by 2013 Tenn. Acts, ch. 435,s 42, eff. 7/1/2013. Acts 1992, ch. 794, § 28; T.C.A. § 34-11-127.
The court has an affirmative duty to ascertain and impose the least restrictive alternatives upon the person with a disability that are consistent with adequate protection of the person with a disability and the property of the person with a disability.
Amended by 2013 Tenn. Acts, ch. 435,s 42, eff. 7/1/2013.
Acts 1992, ch. 794, § 28; T.C.A. § 34-11-127.
Tenn. Code Ann. § 34-1-112 — TN Code / Title 34 / Chapter 1 / Section 34-1-112
Compensation to fiduciary
Status: in_force

(a) The fiduciary may receive reasonable compensation for services rendered. The court shall set the actual compensation to be paid, taking into account: (1) The complexity of the property of the minor or person with a disability; (2) The amount of time the fiduciary spent in performing fiduciary duties; (3) Whether the fiduciary had to take time away from the fiduciary's normal occupation; (4) Whether the services provided the minor or person with a disability are those the fiduciary should normally have provided had there been no need for a fiduciary, and (5) Such other matters as the court deems appropriate. (b) No person, other than a person performing temporary fiduciary services while a proceeding is pending, who has not been appointed by the court to serve as a fiduciary shall receive any compensation for fiduciary services; however, this does not preclude payment for the necessary care of the minor or person with a disability. (c) No compensation to the fiduciary shall be paid without prior court approval. Acts 1992, ch. 794, § 13; T.C.A. § 34-11-112.
(a) The fiduciary may receive reasonable compensation for services rendered. The court shall set the actual compensation to be paid, taking into account: (1) The complexity of the property of the minor or person with a disability; (2) The amount of time the fiduciary spent in performing fiduciary duties; (3) Whether the fiduciary had to take time away from the fiduciary's normal occupation; (4) Whether the services provided the minor or person with a disability are those the fiduciary should normally have provided had there been no need for a fiduciary, and (5) Such other matters as the court deems appropriate.
(1) The complexity of the property of the minor or person with a disability;
(2) The amount of time the fiduciary spent in performing fiduciary duties;
(3) Whether the fiduciary had to take time away from the fiduciary's normal occupation;
(4) Whether the services provided the minor or person with a disability are those the fiduciary should normally have provided had there been no need for a fiduciary, and
(5) Such other matters as the court deems appropriate.
(b) No person, other than a person performing temporary fiduciary services while a proceeding is pending, who has not been appointed by the court to serve as a fiduciary shall receive any compensation for fiduciary services; however, this does not preclude payment for the necessary care of the minor or person with a disability.
(c) No compensation to the fiduciary shall be paid without prior court approval.
Acts 1992, ch. 794, § 13; T.C.A. § 34-11-112.
Tenn. Code Ann. § 34-6-304 — TN Code / Title 34 / Chapter 6 / Section 34-6-304
Authority of caregiver - Enrollment in local education agency - Restitution to school district for fraudulent enrollment
Status: in_force

(a) (1) Through the power of attorney for care of a minor child, the parent may authorize the caregiver to perform the following functions without limitation: (A) Enroll the child in school and extracurricular activities; (B) Obtain medical, dental and mental health treatment for the child; and (C) Provide for the child's food, lodging, housing, recreation and travel. (2) Nothing contained in this section shall be construed to limit the power of the parent to grant additional powers to the caregiver. (b) The caregiver shall have the right to enroll the minor child in the local education agency serving the area where the caregiver resides. The local education agency shall allow a caregiver with a properly executed power of attorney for care of a minor child to enroll the minor child but, prior to enrollment, may require documentation of the minor child's residence with a caregiver or documentation or other verification of the validity of the stated hardship. Except where limited by federal law, the caregiver shall be assigned the rights, duties and responsibilities that would otherwise be assigned to the parent, legal guardian or legal custodian pursuant to title 49. (c) Further, any adult accepting the power of attorney, as well as the parent, guardian, or other legal custodian, who enrolls a student in a school system while fraudulently representing the child's current residence or the parent's hardship or circumstances for issuing the power of attorney, is liable for restitution to the school district for an amount equal to the per pupil expenditure for the district in which the student is fraudulently enrolled. Restitution shall be cumulative for each year the child has been fraudulently enrolled in the system. Such restitution shall be payable to the school district and, when litigation is necessary to recover the restitution, the adult accepting the power of attorney, parent, guardian or other legal custodian shall be liable for the costs and fees, including attorney's fees, of the school district. Such an action for restitution shall be brought by or on behalf of the district in the circuit or chancery court in which the district is located within one (1) year of the date the fraudulent misrepresentation was discovered. Acts 2003, ch. 71, § 1.
(a) (1) Through the power of attorney for care of a minor child, the parent may authorize the caregiver to perform the following functions without limitation: (A) Enroll the child in school and extracurricular activities; (B) Obtain medical, dental and mental health treatment for the child; and (C) Provide for the child's food, lodging, housing, recreation and travel. (2) Nothing contained in this section shall be construed to limit the power of the parent to grant additional powers to the caregiver.
(1) Through the power of attorney for care of a minor child, the parent may authorize the caregiver to perform the following functions without limitation: (A) Enroll the child in school and extracurricular activities; (B) Obtain medical, dental and mental health treatment for the child; and (C) Provide for the child's food, lodging, housing, recreation and travel.
(A) Enroll the child in school and extracurricular activities;
(B) Obtain medical, dental and mental health treatment for the child; and
(C) Provide for the child's food, lodging, housing, recreation and travel.
(2) Nothing contained in this section shall be construed to limit the power of the parent to grant additional powers to the caregiver.
(b) The caregiver shall have the right to enroll the minor child in the local education agency serving the area where the caregiver resides. The local education agency shall allow a caregiver with a properly executed power of attorney for care of a minor child to enroll the minor child but, prior to enrollment, may require documentation of the minor child's residence with a caregiver or documentation or other verification of the validity of the stated hardship. Except where limited by federal law, the caregiver shall be assigned the rights, duties and responsibilities that would otherwise be assigned to the parent, legal guardian or legal custodian pursuant to title 49.
(c) Further, any adult accepting the power of attorney, as well as the parent, guardian, or other legal custodian, who enrolls a student in a school system while fraudulently representing the child's current residence or the parent's hardship or circumstances for issuing the power of attorney, is liable for restitution to the school district for an amount equal to the per pupil expenditure for the district in which the student is fraudulently enrolled. Restitution shall be cumulative for each year the child has been fraudulently enrolled in the system. Such restitution shall be payable to the school district and, when litigation is necessary to recover the restitution, the adult accepting the power of attorney, parent, guardian or other legal custodian shall be liable for the costs and fees, including attorney's fees, of the school district. Such an action for restitution shall be brought by or on behalf of the district in the circuit or chancery court in which the district is located within one (1) year of the date the fraudulent misrepresentation was discovered.
Acts 2003, ch. 71, § 1.
Tenn. Code Ann. § 34-5-107 — TN Code / Title 34 / Chapter 5 / Section 34-5-107
Evidence of necessity for guardian of minor
Status: in_force

Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or the administrator's authorized representative, setting forth the age of the minor as shown by the records of the veterans administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the veterans administration, shall be prima facie evidence of the necessity for the appointment. Acts 1943, ch. 90, § 6; C. Supp. 1950, § 8558.7 (Williams, §8545); T.C.A. (orig. ed.), § 34-907.
Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or the administrator's authorized representative, setting forth the age of the minor as shown by the records of the veterans administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the veterans administration, shall be prima facie evidence of the necessity for the appointment.
Acts 1943, ch. 90, § 6; C. Supp. 1950, § 8558.7 (Williams, §8545); T.C.A. (orig. ed.), § 34-907.
Tenn. Code Ann. § 34-6-404 — TN Code / Title 34 / Chapter 6 / Section 34-6-404
Effect of in loco parentis standing
Status: in_force

In loco parentis standing: (1) Does not affect the rights and responsibilities of an unemancipated minor's parents or legal guardian or legal custodian regarding the care, custody, and control of the minor; (2) Does not affect the rights of an unemancipated minor to make health care decisions in accordance with existing law; and (3) Does not grant legal custody of the minor or authority to consent to the marriage or adoption of the minor. Acts 2014, ch. 696, § 2.
In loco parentis standing:
(1) Does not affect the rights and responsibilities of an unemancipated minor's parents or legal guardian or legal custodian regarding the care, custody, and control of the minor;
(2) Does not affect the rights of an unemancipated minor to make health care decisions in accordance with existing law; and
(3) Does not grant legal custody of the minor or authority to consent to the marriage or adoption of the minor.
Acts 2014, ch. 696, § 2.
Tenn. Code Ann. § 34-6-202 — TN Code / Title 34 / Chapter 6 / Section 34-6-202
Applicability of part
Status: in_force

(a) A durable power of attorney for health care executed after July 1, 1991, is effective to authorize the attorney in fact to make health care decisions for the principal only if the power of attorney complies with this part. (b) A durable power of attorney for health care executed after April 8, 1990, and before July 1, 1991, is effective to authorize the attorney in fact to make health care decisions for the principal if the power of attorney was executed in compliance with this part as in effect on that date. (c) A durable power of attorney executed before April 9, 1990, that specifically authorizes the attorney in fact to make decisions relating to the medical or health care of the principal is deemed to be valid under this part, notwithstanding that it fails to comply with all of the requirements of this part. (d) Nothing in this part affects the validity of a decision made under a durable power of attorney before April 9, 1990. (e) Any durable power of attorney for health care properly executed before May 5, 1995, shall be enforceable notwithstanding any failure to notarize signatures of witnesses to the instrument. Acts 1990, ch. 831, § 3; 1991, ch. 344, § 9; 1995, ch. 177, § 15.
(a) A durable power of attorney for health care executed after July 1, 1991, is effective to authorize the attorney in fact to make health care decisions for the principal only if the power of attorney complies with this part.
(b) A durable power of attorney for health care executed after April 8, 1990, and before July 1, 1991, is effective to authorize the attorney in fact to make health care decisions for the principal if the power of attorney was executed in compliance with this part as in effect on that date.
(c) A durable power of attorney executed before April 9, 1990, that specifically authorizes the attorney in fact to make decisions relating to the medical or health care of the principal is deemed to be valid under this part, notwithstanding that it fails to comply with all of the requirements of this part.
(d) Nothing in this part affects the validity of a decision made under a durable power of attorney before April 9, 1990.
(e) Any durable power of attorney for health care properly executed before May 5, 1995, shall be enforceable notwithstanding any failure to notarize signatures of witnesses to the instrument.
Acts 1990, ch. 831, § 3; 1991, ch. 344, § 9; 1995, ch. 177, § 15.
Tenn. Code Ann. § 34-1-110 — TN Code / Title 34 / Chapter 1 / Section 34-1-110
Management of property - Inventory - Filing - Failure to file or appear - Revocation of authority
Status: in_force

(a) If the fiduciary is to manage the property of the minor or person with a disability, within sixty (60) days after appointment, the fiduciary shall file a sworn inventory containing a list of the property of the minor or person with a disability, together with the approximate fair market value of each property and a list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue. If the required information was included in the petition but not separately stated as an inventory, the inventory shall repeat the information provided in the petition and add any later discovered property or income sources. (b) Unless the court has approved an extension of time for filing the inventory, if the fiduciary fails to file the inventory within the required time, the clerk shall promptly notify the fiduciary and the fiduciary's attorney of record. If after notice the inventory has not been filed thirty (30) days thereafter, the clerk shall cite the fiduciary to appear on a date certain and render the inventory. 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. (c) Unless the court has authorized an extension of time to file the inventory, 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. Acts 1992, ch. 794, § 11; T.C.A. § 34-11-110.
(a) If the fiduciary is to manage the property of the minor or person with a disability, within sixty (60) days after appointment, the fiduciary shall file a sworn inventory containing a list of the property of the minor or person with a disability, together with the approximate fair market value of each property and a list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue. If the required information was included in the petition but not separately stated as an inventory, the inventory shall repeat the information provided in the petition and add any later discovered property or income sources.
(b) Unless the court has approved an extension of time for filing the inventory, if the fiduciary fails to file the inventory within the required time, the clerk shall promptly notify the fiduciary and the fiduciary's attorney of record. If after notice the inventory has not been filed thirty (30) days thereafter, the clerk shall cite the fiduciary to appear on a date certain and render the inventory. 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.
(c) Unless the court has authorized an extension of time to file the inventory, 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.
Acts 1992, ch. 794, § 11; T.C.A. § 34-11-110.
Tenn. Code Ann. § 34-1-116 — TN Code / Title 34 / Chapter 1 / Section 34-1-116
Sale of property
Status: in_force

(a) Except as provided in subsections (b) and (d), no property of a minor or person with a disability may be sold without prior approval of the court that appointed the fiduciary. (b) Unless the fiduciary is holding tangible property for the benefit of a minor or person with a disability pursuant to the terms of a will, trust or other written document, the fiduciary has the authority to sell each item of tangible property with a fair market value of less than one thousand dollars ($1,000) or a motor vehicle without specific court approval. (c) No fiduciary, relative of a fiduciary, employee of a fiduciary, guardian ad litem or attorney for any party shall be a purchaser of property of the minor or person with a disability without court approval. (d) This section shall not apply to any fiduciary who is not required to file a property management plan or who has had its investment plans approved as part of its property management plan. (e) When the fiduciary seeks court approval for the sale of property, a copy of the pleading requesting approval of the sale shall be sent to the minor or person with a disability by certified mail with return receipt requested. Although not required, the court may appoint a guardian ad litem. Acts 1992, ch. 794, § 17; 1994, ch. 855, § 9; T.C.A. § 34-11-116.
(a) Except as provided in subsections (b) and (d), no property of a minor or person with a disability may be sold without prior approval of the court that appointed the fiduciary.
(b) Unless the fiduciary is holding tangible property for the benefit of a minor or person with a disability pursuant to the terms of a will, trust or other written document, the fiduciary has the authority to sell each item of tangible property with a fair market value of less than one thousand dollars ($1,000) or a motor vehicle without specific court approval.
(c) No fiduciary, relative of a fiduciary, employee of a fiduciary, guardian ad litem or attorney for any party shall be a purchaser of property of the minor or person with a disability without court approval.
(d) This section shall not apply to any fiduciary who is not required to file a property management plan or who has had its investment plans approved as part of its property management plan.
(e) When the fiduciary seeks court approval for the sale of property, a copy of the pleading requesting approval of the sale shall be sent to the minor or person with a disability by certified mail with return receipt requested. Although not required, the court may appoint a guardian ad litem.
Acts 1992, ch. 794, § 17; 1994, ch. 855, § 9; T.C.A. § 34-11-116.
Tenn. Code Ann. § 34-3-101 — TN Code / Title 34 / Chapter 3 / Section 34-3-101
Action for appointment of conservator - Where brought
Status: in_force

(a) Actions for the appointment of a conservator may be brought in a court exercising probate jurisdiction or any other court of record of any county in which there is venue. (b) (1) An action for the appointment of a conservator shall be brought in the county of residence of the alleged person with a disability. (2) For purposes of subdivision (b)(1): (A) The county of residence of a person incarcerated in a department of correction facility is the county in which the facility is located; and (B) The county of residence of a person involuntarily hospitalized in an institution of the department of mental health and substance abuse services is the county in which the institution is located. (c) Nothing in this title shall be construed to supersede the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1, or the orders of the court pursuant to such act. Amended by 2021 Tenn. Acts, ch. 133, s 1, eff. 4/13/2021. Amended by 2013 Tenn. Acts, ch. 435, s 1, eff. 7/1/2013. Acts 1992, ch. 794, § 41; T.C.A. § 34-13-101.
(a) Actions for the appointment of a conservator may be brought in a court exercising probate jurisdiction or any other court of record of any county in which there is venue.
(b) (1) An action for the appointment of a conservator shall be brought in the county of residence of the alleged person with a disability. (2) For purposes of subdivision (b)(1): (A) The county of residence of a person incarcerated in a department of correction facility is the county in which the facility is located; and (B) The county of residence of a person involuntarily hospitalized in an institution of the department of mental health and substance abuse services is the county in which the institution is located.
(1) An action for the appointment of a conservator shall be brought in the county of residence of the alleged person with a disability.
(2) For purposes of subdivision (b)(1): (A) The county of residence of a person incarcerated in a department of correction facility is the county in which the facility is located; and (B) The county of residence of a person involuntarily hospitalized in an institution of the department of mental health and substance abuse services is the county in which the institution is located.
(A) The county of residence of a person incarcerated in a department of correction facility is the county in which the facility is located; and
(B) The county of residence of a person involuntarily hospitalized in an institution of the department of mental health and substance abuse services is the county in which the institution is located.
(c) Nothing in this title shall be construed to supersede the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1, or the orders of the court pursuant to such act.
Amended by 2021 Tenn. Acts, ch. 133, s 1, eff. 4/13/2021.
Amended by 2013 Tenn. Acts, ch. 435, s 1, eff. 7/1/2013.
Acts 1992, ch. 794, § 41; T.C.A. § 34-13-101.
Tenn. Code Ann. § 34-1-114 — TN Code / Title 34 / Chapter 1 / Section 34-1-114
Charging of costs of proceedings
Status: in_force

(a) The costs of the proceedings, which are the court costs, the guardian ad litem fee and expenses incurred by the guardian ad litem in conducting the required investigations, the required medical examination costs, and the attorney's fee for the petitioner, may, in the court's discretion, be charged against the property of the respondent to the extent the respondent's property exceeds the supplemental security income eligibility limit, or to the petitioner or any other party, or partially to any one or more of them as determined in the court's discretion. In exercising its discretion to charge some or all of the costs against the respondent's property, the fact a conservator is appointed or would have been appointed but for an event beyond the petitioner's control is to be given special consideration. The guardian ad litem fee and the attorney's fee for the petitioner shall be established by the court. If a fiduciary is cited for failure to file an inventory or accounting, the costs incurred in citing the fiduciary, in the discretion of the court, may be charged to and collected from the cited fiduciary. (b) If the principal purpose for bringing the petition is to benefit the petitioner and there would otherwise be little, if any, need for the appointment of a fiduciary, the costs of the proceedings may be assessed against the petitioner, in the discretion of the court. (c) Notwithstanding subsections (a) and (b), the petitioner is responsible for the court costs necessary for initiating proceedings, including filing fees and costs associated with required notices and publication. At any point in the proceedings, in the court's discretion, such costs may be charged according to subsection (a) and the petitioner may be reimbursed. Amended by 2021 Tenn. Acts, ch. 305, s 5, eff. 5/4/2021. Amended by 2013 Tenn. Acts, ch. 435, s 21, eff. 7/1/2013. Acts 1992, ch. 794, § 15; 1994, ch. 855, §7; 1997 , ch. 407, § 4; T.C.A. §34-11-114; 2012 , ch. 917, § 1.
(a) The costs of the proceedings, which are the court costs, the guardian ad litem fee and expenses incurred by the guardian ad litem in conducting the required investigations, the required medical examination costs, and the attorney's fee for the petitioner, may, in the court's discretion, be charged against the property of the respondent to the extent the respondent's property exceeds the supplemental security income eligibility limit, or to the petitioner or any other party, or partially to any one or more of them as determined in the court's discretion. In exercising its discretion to charge some or all of the costs against the respondent's property, the fact a conservator is appointed or would have been appointed but for an event beyond the petitioner's control is to be given special consideration. The guardian ad litem fee and the attorney's fee for the petitioner shall be established by the court. If a fiduciary is cited for failure to file an inventory or accounting, the costs incurred in citing the fiduciary, in the discretion of the court, may be charged to and collected from the cited fiduciary.
(b) If the principal purpose for bringing the petition is to benefit the petitioner and there would otherwise be little, if any, need for the appointment of a fiduciary, the costs of the proceedings may be assessed against the petitioner, in the discretion of the court.
(c) Notwithstanding subsections (a) and (b), the petitioner is responsible for the court costs necessary for initiating proceedings, including filing fees and costs associated with required notices and publication. At any point in the proceedings, in the court's discretion, such costs may be charged according to subsection (a) and the petitioner may be reimbursed.
Amended by 2021 Tenn. Acts, ch. 305, s 5, eff. 5/4/2021.
Amended by 2013 Tenn. Acts, ch. 435, s 21, eff. 7/1/2013.
Acts 1992, ch. 794, § 15; 1994, ch. 855, §7; 1997 , ch. 407, § 4; T.C.A. §34-11-114; 2012 , ch. 917, § 1.
Tenn. Code Ann. § 34-8-102 — TN Code / Title 34 / Chapter 8 / Section 34-8-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires, the terms shall have the same meaning as those defined in § 34-1-101 . Acts 2010, ch. 817, § 1.
As used in this chapter, unless the context otherwise requires, the terms shall have the same meaning as those defined in § 34-1-101 .
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-6-306 — TN Code / Title 34 / Chapter 6 / Section 34-6-306
Termination of power of attorney
Status: in_force

The power of attorney for care of a minor child may be terminated by an instrument in writing signed by either parent with legal custody. The power of attorney for care of a minor child may also be terminated by any order of a court of competent jurisdiction that appoints a legal guardian or legal custodian. Acts 2003, ch. 71, § 1.
The power of attorney for care of a minor child may be terminated by an instrument in writing signed by either parent with legal custody. The power of attorney for care of a minor child may also be terminated by any order of a court of competent jurisdiction that appoints a legal guardian or legal custodian.
Acts 2003, ch. 71, § 1.
Tenn. Code Ann. § 34-6-101 — TN Code / Title 34 / Chapter 6 / Section 34-6-101
Short title - Construction of part
Status: in_force

(a) This part shall be known and may be cited as the "Uniform Durable Power of Attorney Act." (b) This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it. Nothing in this part shall be construed as abolishing or otherwise adversely affecting the conservatorship law or limited guardianship. Acts 1983, ch. 299, §§ 1, 8; T.C.A., §§ 34-13-101, 34-6-107 .
(a) This part shall be known and may be cited as the "Uniform Durable Power of Attorney Act."
(b) This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it. Nothing in this part shall be construed as abolishing or otherwise adversely affecting the conservatorship law or limited guardianship.
Acts 1983, ch. 299, §§ 1, 8; T.C.A., §§ 34-13-101, 34-6-107 .
Tenn. Code Ann. § 34-6-218 — TN Code / Title 34 / Chapter 6 / Section 34-6-218
Release of personal health information to determine capacity
Status: in_force

Where it is necessary, under the terms of a durable power of attorney to determine the mental or physical incapacity of a patient, a healthcare provider may release personal health information to a licensed physician or licensed attorney at law if the physician or attorney at law signs and furnishes the healthcare provider with an affidavit that the release of information is necessary to determine the mental or physical incapacity of the patient, or of the agent or other fiduciary under a durable power of attorney for health care that was signed by the patient where incapacity causes the document to come into effect, discontinues its effect or calls for a change in a fiduciary acting under the document. Acts 2004, ch. 866, § 5.
Where it is necessary, under the terms of a durable power of attorney to determine the mental or physical incapacity of a patient, a healthcare provider may release personal health information to a licensed physician or licensed attorney at law if the physician or attorney at law signs and furnishes the healthcare provider with an affidavit that the release of information is necessary to determine the mental or physical incapacity of the patient, or of the agent or other fiduciary under a durable power of attorney for health care that was signed by the patient where incapacity causes the document to come into effect, discontinues its effect or calls for a change in a fiduciary acting under the document.
Acts 2004, ch. 866, § 5.
Tenn. Code Ann. § 34-1-120 — TN Code / Title 34 / Chapter 1 / Section 34-1-120
When people may be appointed fiduciary - Eligible persons
Status: in_force

No personal representative of an estate, any part of which is distributable to a minor, except a parent, grandparent, sibling of the minor or person named by the testator to be guardian, shall be appointed the fiduciary for the minor until the personal representative has first settled its accounts as personal representative. No personal representative of an estate, any part of which is distributable to a person with a disability, except a parent, spouse, child, grandchild, grandparent or sibling of the person with a disability, shall be appointed the fiduciary for the person with a disability until the personal representative has first settled its accounts as personal representative. Acts 1992, ch. 794, § 21; 1994, ch. 855, §11; 1997 , ch. 407, § 6; 1999, ch. 491, §7; T.C.A. § 34-11-120.
No personal representative of an estate, any part of which is distributable to a minor, except a parent, grandparent, sibling of the minor or person named by the testator to be guardian, shall be appointed the fiduciary for the minor until the personal representative has first settled its accounts as personal representative. No personal representative of an estate, any part of which is distributable to a person with a disability, except a parent, spouse, child, grandchild, grandparent or sibling of the person with a disability, shall be appointed the fiduciary for the person with a disability until the personal representative has first settled its accounts as personal representative.
Acts 1992, ch. 794, § 21; 1994, ch. 855, §11; 1997 , ch. 407, § 6; 1999, ch. 491, §7; T.C.A. § 34-11-120.
Tenn. Code Ann. § 34-5-117 — TN Code / Title 34 / Chapter 5 / Section 34-5-117
Copies of public records to be furnished
Status: in_force

When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, the official custodian of that public record shall, without charge, provide the applicant for those benefits, or any person acting on the applicant's behalf, or the authorized representative of the veterans administration with a certified copy of the record. Acts 1943, ch. 90, § 16; C. Supp. 1950, § 8558.17 (Williams, §8554); T.C.A. (orig. ed.), § 34-917.
When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, the official custodian of that public record shall, without charge, provide the applicant for those benefits, or any person acting on the applicant's behalf, or the authorized representative of the veterans administration with a certified copy of the record.
Acts 1943, ch. 90, § 16; C. Supp. 1950, § 8558.17 (Williams, §8554); T.C.A. (orig. ed.), § 34-917.
Tenn. Code Ann. § 34-8-205 — TN Code / Title 34 / Chapter 8 / Section 34-8-205
Exclusive and continuing jurisdiction
Status: in_force

Except as otherwise provided in §§ 34-8-202 and 34-8-204 , a court that has appointed a conservator or guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. Acts 2010, ch. 817, § 1.
Except as otherwise provided in §§ 34-8-202 and 34-8-204 , a court that has appointed a conservator or guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-6-106 — TN Code / Title 34 / Chapter 6 / Section 34-6-106
Bond
Status: in_force

(a) The next of kin of any principal who has executed a durable power of attorney under this part may, upon the disability or incapacity of the principal, petition a court of competent jurisdiction to require a bond of the attorney in fact. (b) If, after consideration of the interests of all parties involved, the court deems a bond necessary, it shall have the authority to order the attorney in fact to execute a bond in an amount deemed appropriate by the court. Acts 1983, ch. 299, § 7; T.C.A., § 34-13-107.
(a) The next of kin of any principal who has executed a durable power of attorney under this part may, upon the disability or incapacity of the principal, petition a court of competent jurisdiction to require a bond of the attorney in fact.
(b) If, after consideration of the interests of all parties involved, the court deems a bond necessary, it shall have the authority to order the attorney in fact to execute a bond in an amount deemed appropriate by the court.
Acts 1983, ch. 299, § 7; T.C.A., § 34-13-107.
Tenn. Code Ann. § 34-6-103 — TN Code / Title 34 / Chapter 6 / Section 34-6-103
Effect of acts done by attorney
Status: in_force

All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successor in interest as if the principal were competent and not disabled. Acts 1983, ch. 299, § 3; T.C.A., § 34-13-103.
All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successor in interest as if the principal were competent and not disabled.
Acts 1983, ch. 299, § 3; T.C.A., § 34-13-103.
Tenn. Code Ann. § 34-5-105 — TN Code / Title 34 / Chapter 5 / Section 34-5-105
Limitation on number of wards
Status: in_force

(a) No person, other than a bank or trust company, shall be guardian of more than twelve (12) wards at one time, unless all wards are members of one family. (b) Upon presentation of a petition by an attorney of the department of veterans services or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than twelve (12) wards as provided in subsection (a) and requesting the guardian's discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from the guardian and shall discharge the guardian from guardianships in excess of twelve (12), after first having appointed a successor. Acts 1943, ch. 90, § 4; C. Supp. 1950, § 8558.5 (Williams, §8543); T.C.A. (orig. ed.), § 34-905; Acts 1990, ch. 623, § 1.
(a) No person, other than a bank or trust company, shall be guardian of more than twelve (12) wards at one time, unless all wards are members of one family.
(b) Upon presentation of a petition by an attorney of the department of veterans services or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than twelve (12) wards as provided in subsection (a) and requesting the guardian's discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from the guardian and shall discharge the guardian from guardianships in excess of twelve (12), after first having appointed a successor.
Acts 1943, ch. 90, § 4; C. Supp. 1950, § 8558.5 (Williams, §8543); T.C.A. (orig. ed.), § 34-905; Acts 1990, ch. 623, § 1.
Tenn. Code Ann. § 34-5-120 — TN Code / Title 34 / Chapter 5 / Section 34-5-120
Uniform construction
Status: in_force

This chapter shall be so construed as to make uniform the laws of those states that enact it. Acts 1943, ch. 90, § 19; C. Supp. 1950, § 8558.20 (Williams, §8558); T.C.A. (orig. ed.), § 34-920.
This chapter shall be so construed as to make uniform the laws of those states that enact it.
Acts 1943, ch. 90, § 19; C. Supp. 1950, § 8558.20 (Williams, §8558); T.C.A. (orig. ed.), § 34-920.
Tenn. Code Ann. § 34-8-501 — TN Code / Title 34 / Chapter 8 / Section 34-8-501
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2010, ch. 817, § 1.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Acts 2010, ch. 817, § 1.