Tenn. Code Ann. § 34-8-105 — TN Code / Title 34 / Chapter 8 / Section 34-8-105
Cooperation between courts
Status: in_force

(a) In a conservatorship or guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) Order that an evaluation or assessment be made of the respondent; (4) Order any appropriate investigation of a person involved in a proceeding; (5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under subdivision (a)(1) or any other proceeding, any evidence otherwise produced under subdivision (a)(2), and any evaluation or assessment prepared in compliance with an order under subdivision (a)(3) or (a)(4); (6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; (7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 CFR 164.504 , as amended. (b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. Acts 2010, ch. 817, § 1.
(a) In a conservatorship or guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) Order that an evaluation or assessment be made of the respondent; (4) Order any appropriate investigation of a person involved in a proceeding; (5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under subdivision (a)(1) or any other proceeding, any evidence otherwise produced under subdivision (a)(2), and any evaluation or assessment prepared in compliance with an order under subdivision (a)(3) or (a)(4); (6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; (7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 CFR 164.504 , as amended.
(1) Hold an evidentiary hearing;
(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3) Order that an evaluation or assessment be made of the respondent;
(4) Order any appropriate investigation of a person involved in a proceeding;
(5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under subdivision (a)(1) or any other proceeding, any evidence otherwise produced under subdivision (a)(2), and any evaluation or assessment prepared in compliance with an order under subdivision (a)(3) or (a)(4);
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;
(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 CFR 164.504 , as amended.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-6-403 — TN Code / Title 34 / Chapter 6 / Section 34-6-403
Scope of power of person standing in loco parentis to make health care decisions - Limitations
Status: in_force

(a) (1) The parent, legal guardian, or legal custodian may, but is not required to, convey in loco parentis standing to another adult if there is no order of any court in effect from any jurisdiction, including an order of protection, custody order, or parenting plan, that would prohibit the parent, legal guardian, legal custodian or the person acting in loco parentis from exercising that power. A person shall not stand in loco parentis or make health care decisions for an unemancipated minor if there is an order by any court in effect from any jurisdiction that would prohibit the person from doing so, including an order of protection, custody order, or parenting plan, or in the circumstances described in § 33-3-111 . (2) A person standing in loco parentis may make health care decisions for a person who is an unemancipated minor to undergo or receive health care which are not prohibited by law and which are under the supervision of and suggested, recommended, prescribed, or directed by a health care provider licensed to practice in this state. (3) A person standing in loco parentis may also exercise existing parental rights to obtain medical records and information. (b) Notwithstanding any other provision of this part, a person standing in loco parentis may not consent on behalf of an unemancipated minor to: (1) Withholding or withdrawing life sustaining procedures; (2) Abortion; (3) Sterilization; (4) Psychosurgery; (5) Admission to a mental health facility for a period longer than the durational limits permitted in § 33-3-606 ; or (6) Mental health treatment for a minor sixteen (16) years of age or older, pursuant to § 33-8-202 . Acts 2014, ch. 696, § 2.
(a) (1) The parent, legal guardian, or legal custodian may, but is not required to, convey in loco parentis standing to another adult if there is no order of any court in effect from any jurisdiction, including an order of protection, custody order, or parenting plan, that would prohibit the parent, legal guardian, legal custodian or the person acting in loco parentis from exercising that power. A person shall not stand in loco parentis or make health care decisions for an unemancipated minor if there is an order by any court in effect from any jurisdiction that would prohibit the person from doing so, including an order of protection, custody order, or parenting plan, or in the circumstances described in § 33-3-111 . (2) A person standing in loco parentis may make health care decisions for a person who is an unemancipated minor to undergo or receive health care which are not prohibited by law and which are under the supervision of and suggested, recommended, prescribed, or directed by a health care provider licensed to practice in this state. (3) A person standing in loco parentis may also exercise existing parental rights to obtain medical records and information.
(1) The parent, legal guardian, or legal custodian may, but is not required to, convey in loco parentis standing to another adult if there is no order of any court in effect from any jurisdiction, including an order of protection, custody order, or parenting plan, that would prohibit the parent, legal guardian, legal custodian or the person acting in loco parentis from exercising that power. A person shall not stand in loco parentis or make health care decisions for an unemancipated minor if there is an order by any court in effect from any jurisdiction that would prohibit the person from doing so, including an order of protection, custody order, or parenting plan, or in the circumstances described in § 33-3-111 .
(2) A person standing in loco parentis may make health care decisions for a person who is an unemancipated minor to undergo or receive health care which are not prohibited by law and which are under the supervision of and suggested, recommended, prescribed, or directed by a health care provider licensed to practice in this state.
(3) A person standing in loco parentis may also exercise existing parental rights to obtain medical records and information.
(b) Notwithstanding any other provision of this part, a person standing in loco parentis may not consent on behalf of an unemancipated minor to: (1) Withholding or withdrawing life sustaining procedures; (2) Abortion; (3) Sterilization; (4) Psychosurgery; (5) Admission to a mental health facility for a period longer than the durational limits permitted in § 33-3-606 ; or (6) Mental health treatment for a minor sixteen (16) years of age or older, pursuant to § 33-8-202 .
(1) Withholding or withdrawing life sustaining procedures;
(2) Abortion;
(3) Sterilization;
(4) Psychosurgery;
(5) Admission to a mental health facility for a period longer than the durational limits permitted in § 33-3-606 ; or
(6) Mental health treatment for a minor sixteen (16) years of age or older, pursuant to § 33-8-202 .
Acts 2014, ch. 696, § 2.
Tenn. Code Ann. § 34-1-105 — TN Code / Title 34 / Chapter 1 / Section 34-1-105
Bond
Status: in_force

(a) (1) Except as otherwise provided in subsection (b), bond shall be required of the fiduciary in an amount equal to the sum of the fair market value of all personal property and the amount of the anticipated income from all property, including the real property, for one (1) year. If the surety for the bond is posted by a corporate surety, the amount of the surety shall equal the amount of the bond. If the surety for the bond is posted by pledging property, the value of the unencumbered property posted shall be equal to one hundred fifty percent (150%) of the bond. (2) If the property pledged to secure the bond is personal property, the property shall be delivered to the clerk for safekeeping. If the property pledged to secure the bond is real property, notice of the pledge shall be recorded in the register's office of the county in which the real property is located. (3) The bond shall be renewed annually by the fiduciary. The court may adjust the amount of required bond to reflect changes in the value of the property of the minor or person with a disability. The surety's liability under the bond shall not be cumulative and shall not exceed the amount of the bond in force at the time of default. (b) In the discretion of the court, bond may be excused if the court makes a finding, which finding shall be stated in the order, that the requirement of bond would be unjust or inappropriate in that case and that one (1) of the following exists: (1) The fiduciary is a financial institution excused from the requirement of bond under § 45-2-1005 ; (2) The total fair market value of the minor's non-real estate property or the person with a disability's non-real estate property does not exceed the sum of ten thousand dollars ($10,000) and the court finds the benefit to the ward by saving the expense outweighs the risks incident to the absence of a bond; (3) The document naming the suggested or preferred fiduciary excuses the fiduciary from posting bond; (4) The property of the minor or person with a disability is placed with a financial institution and the fiduciary and the financial institution enter into a written agreement, filed with the court, in which the financial institution agrees it will not permit the fiduciary to withdraw the principal without court approval; (5) The property of the minor or person with a disability is deposited with the clerk and master or clerk of the court; or (6) The fiduciary is appointed fiduciary over the person of the minor or person with a disability but has not also been appointed as fiduciary over the person's estate. Amended by 2013 Tenn. Acts, ch. 435,s 38, eff. 7/1/2013. Acts 1992, ch. 794, § 6; T.C.A. § 34-11-105.
(a) (1) Except as otherwise provided in subsection (b), bond shall be required of the fiduciary in an amount equal to the sum of the fair market value of all personal property and the amount of the anticipated income from all property, including the real property, for one (1) year. If the surety for the bond is posted by a corporate surety, the amount of the surety shall equal the amount of the bond. If the surety for the bond is posted by pledging property, the value of the unencumbered property posted shall be equal to one hundred fifty percent (150%) of the bond. (2) If the property pledged to secure the bond is personal property, the property shall be delivered to the clerk for safekeeping. If the property pledged to secure the bond is real property, notice of the pledge shall be recorded in the register's office of the county in which the real property is located. (3) The bond shall be renewed annually by the fiduciary. The court may adjust the amount of required bond to reflect changes in the value of the property of the minor or person with a disability. The surety's liability under the bond shall not be cumulative and shall not exceed the amount of the bond in force at the time of default.
(1) Except as otherwise provided in subsection (b), bond shall be required of the fiduciary in an amount equal to the sum of the fair market value of all personal property and the amount of the anticipated income from all property, including the real property, for one (1) year. If the surety for the bond is posted by a corporate surety, the amount of the surety shall equal the amount of the bond. If the surety for the bond is posted by pledging property, the value of the unencumbered property posted shall be equal to one hundred fifty percent (150%) of the bond.
(2) If the property pledged to secure the bond is personal property, the property shall be delivered to the clerk for safekeeping. If the property pledged to secure the bond is real property, notice of the pledge shall be recorded in the register's office of the county in which the real property is located.
(3) The bond shall be renewed annually by the fiduciary. The court may adjust the amount of required bond to reflect changes in the value of the property of the minor or person with a disability. The surety's liability under the bond shall not be cumulative and shall not exceed the amount of the bond in force at the time of default.
(b) In the discretion of the court, bond may be excused if the court makes a finding, which finding shall be stated in the order, that the requirement of bond would be unjust or inappropriate in that case and that one (1) of the following exists: (1) The fiduciary is a financial institution excused from the requirement of bond under § 45-2-1005 ; (2) The total fair market value of the minor's non-real estate property or the person with a disability's non-real estate property does not exceed the sum of ten thousand dollars ($10,000) and the court finds the benefit to the ward by saving the expense outweighs the risks incident to the absence of a bond; (3) The document naming the suggested or preferred fiduciary excuses the fiduciary from posting bond; (4) The property of the minor or person with a disability is placed with a financial institution and the fiduciary and the financial institution enter into a written agreement, filed with the court, in which the financial institution agrees it will not permit the fiduciary to withdraw the principal without court approval; (5) The property of the minor or person with a disability is deposited with the clerk and master or clerk of the court; or (6) The fiduciary is appointed fiduciary over the person of the minor or person with a disability but has not also been appointed as fiduciary over the person's estate.
(1) The fiduciary is a financial institution excused from the requirement of bond under § 45-2-1005 ;
(2) The total fair market value of the minor's non-real estate property or the person with a disability's non-real estate property does not exceed the sum of ten thousand dollars ($10,000) and the court finds the benefit to the ward by saving the expense outweighs the risks incident to the absence of a bond;
(3) The document naming the suggested or preferred fiduciary excuses the fiduciary from posting bond;
(4) The property of the minor or person with a disability is placed with a financial institution and the fiduciary and the financial institution enter into a written agreement, filed with the court, in which the financial institution agrees it will not permit the fiduciary to withdraw the principal without court approval;
(5) The property of the minor or person with a disability is deposited with the clerk and master or clerk of the court; or
(6) The fiduciary is appointed fiduciary over the person of the minor or person with a disability but has not also been appointed as fiduciary over the person's estate.
Amended by 2013 Tenn. Acts, ch. 435,s 38, eff. 7/1/2013.
Acts 1992, ch. 794, § 6; T.C.A. § 34-11-105.
Tenn. Code Ann. § 34-6-207 — TN Code / Title 34 / Chapter 6 / Section 34-6-207
Revocation
Status: in_force

(a) The principal may, after executing a durable power of attorney for health care, do any of the following: (1) Revoke the appointment of the attorney in fact under the durable power of attorney for health care by notifying the attorney in fact orally or in writing; or (2) Revoke the authority granted to the attorney in fact to make health care decisions by notifying the health care provider orally or in writing. (b) If the principal notifies the health care provider orally or in writing that the authority granted to the attorney in fact to make health care decisions is revoked, the health care provider shall make the notification a part of the principal's medical records and shall make a reasonable effort to notify the attorney in fact of the revocation. (c) It is presumed that the principal has the capacity to revoke a durable power of attorney for health care. This presumption is a presumption affecting the burden of proof. (d) Unless it provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health care. (e) Unless the durable power of attorney for health care expressly provides otherwise, if after executing a durable power of attorney for health care the principal's marriage is dissolved or annulled, the dissolution or annulment revokes any designation of the former spouse as an attorney in fact to make health care decisions for the principal. (f) If authority granted by a durable power of attorney for health care is revoked under this section, a person is not subject to criminal prosecution or civil liability for acting in good faith reliance upon the durable power of attorney unless the person has actual knowledge of the revocation. (g) The authority of an attorney in fact acting under a durable power of attorney for health care as provided in this part may be terminated or revoked only pursuant to this section and shall not be affected by the existence of a living will executed by the principal. Acts 1990, ch. 831, § 7.
(a) The principal may, after executing a durable power of attorney for health care, do any of the following: (1) Revoke the appointment of the attorney in fact under the durable power of attorney for health care by notifying the attorney in fact orally or in writing; or (2) Revoke the authority granted to the attorney in fact to make health care decisions by notifying the health care provider orally or in writing.
(1) Revoke the appointment of the attorney in fact under the durable power of attorney for health care by notifying the attorney in fact orally or in writing; or
(2) Revoke the authority granted to the attorney in fact to make health care decisions by notifying the health care provider orally or in writing.
(b) If the principal notifies the health care provider orally or in writing that the authority granted to the attorney in fact to make health care decisions is revoked, the health care provider shall make the notification a part of the principal's medical records and shall make a reasonable effort to notify the attorney in fact of the revocation.
(c) It is presumed that the principal has the capacity to revoke a durable power of attorney for health care. This presumption is a presumption affecting the burden of proof.
(d) Unless it provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health care.
(e) Unless the durable power of attorney for health care expressly provides otherwise, if after executing a durable power of attorney for health care the principal's marriage is dissolved or annulled, the dissolution or annulment revokes any designation of the former spouse as an attorney in fact to make health care decisions for the principal.
(f) If authority granted by a durable power of attorney for health care is revoked under this section, a person is not subject to criminal prosecution or civil liability for acting in good faith reliance upon the durable power of attorney unless the person has actual knowledge of the revocation.
(g) The authority of an attorney in fact acting under a durable power of attorney for health care as provided in this part may be terminated or revoked only pursuant to this section and shall not be affected by the existence of a living will executed by the principal.
Acts 1990, ch. 831, § 7.
Tenn. Code Ann. § 34-8-201 — TN Code / Title 34 / Chapter 8 / Section 34-8-201
Part definitions - Significant connection factors
Status: in_force

(a) In this part: (1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a conservator or guardian is necessary because no other person has authority and is willing to act on the respondent's behalf; (2) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition; and (3) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. (b) In determining under §§ 34-8-203 and 34-8-301(e) whether a respondent has a significant connection with a particular state, the court shall consider: (1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding; (2) The length of time the respondent at any time was physically present in the state and the duration of any absence; (3) The location of the respondent's property; and (4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services. Acts 2010, ch. 817, § 1.
(a) In this part: (1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a conservator or guardian is necessary because no other person has authority and is willing to act on the respondent's behalf; (2) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition; and (3) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a conservator or guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;
(2) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition; and
(3) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining under §§ 34-8-203 and 34-8-301(e) whether a respondent has a significant connection with a particular state, the court shall consider: (1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding; (2) The length of time the respondent at any time was physically present in the state and the duration of any absence; (3) The location of the respondent's property; and (4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
(1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2) The length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) The location of the respondent's property; and
(4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-1-115 — TN Code / Title 34 / Chapter 1 / Section 34-1-115
Investments - Trust - Management plan - Court approval - Waiver
Status: in_force

(a) A fiduciary is limited in its investments to the investments permitted by title 35, chapter 3 unless estate funds or property, or both, are transferred to a trust created pursuant to the Tennessee Uniform Trust Code, compiled in title 35, chapter 15. All funds held by a fiduciary shall be invested within forty-five (45) days of receipt of the funds unless otherwise allowed by the court. (b) Except as provided in subsection (d), at the hearing for the appointment of a fiduciary, the proposed fiduciary shall present an outline of the proposed property management plan for the respondent's property. If the proposed property management plan cannot be presented at the appointment hearing, the fiduciary shall submit the proposed property management plan to the court for approval before any property is invested. The purpose of the property management plan is to advise the court of the general type of property in which the respondent's property will be invested so the court will be assured the fiduciary will be making approved investments. The plan need not detail the individual asset or assets. For example, if the fiduciary plans to invest in certificates of deposit, the plan need only make that statement. It is not necessary to identify the individual institution or institutions whose certificates will be purchased. (c) Except as provided in subsections (d) and (f), each fiduciary shall request court approval to change the nature of the fiduciary's investment or investments. Compliance with the preceding sentence does not require court approval to change the same type of investment from one institution to another. For example, changing a certificate of deposit from one institution to another does not require court approval. Changing from one type of investment to another does require court approval. For example, changing from a certificate of deposit to traded stock would require court approval. If the fiduciary's property management plan describes proposed changes the fiduciary would make in response to economic and market conditions, the court may grant advance approval to make changes as described in the plan. (d) If the fiduciary is a financial institution, it shall not be required to seek court approval to change any investment. (e) (1) Notwithstanding any law to the contrary, no property management plan shall be required for the property of a minor or person with a disability if such property does not exceed twenty-five thousand dollars ($25,000) in value, unless, on the motion of any interested party, including the guardian ad litem, the court finds such plan would be in the best interest of such minor or person with a disability. (2) If no plan is filed pursuant to subdivision (e)(1), the fiduciary's first accounting and all subsequent accountings shall state how the funds of the estate are invested and how the fiduciary proposes that the funds will be invested for the coming year. (f) (1) A fiduciary may petition the court to waive the requirement to request court approval to change the nature of any investment described in the property management plan as required by subsection (c). The waiver shall be within the court's sole discretion, and the court may revoke the waiver at any time. In deciding upon the waiver, the court may consider the fiduciary's history as a conservator, the length of conservatorship, the number of years the fiduciary has acted as a conservator, and any other factors that the court deems proper. The court may require the conservator to obtain professional advice or assistance regarding the investment of excess funds. (2) The court may approve the waiver request at a hearing for which all of the respondent's heirs at law or beneficiaries had notice and an opportunity to be heard regarding the proposed waiver and change of the nature of the fiduciary's investments. (3) If a waiver is approved by the court, the waiver shall be reduced to a written order. The fiduciary shall at all times maintain a minimum balance of funds sufficient to cover anticipated costs of care of the respondent for a minimum of three (3) years. (4) If a waiver is approved by the court, the fiduciary shall provide, in the accounting report required by § 34-1-111(b) , a detailed outline of the investments made on behalf of the respondent and the current status of those investments. The purpose of the report is to assure the court that: (A) The fiduciary maintains the minimum balance prescribed by the court; (B) The fiduciary is responsibly investing the respondent's assets within the categories of investments approved in § 35-3-102 ; (C) The investment strategy demonstrates reasonable diversification to limit the risk of loss in vested funds; (D) There are no investments that would expose the respondent to any additional liability other than the possible depletion or loss of funds invested; and (E) The fiduciary keeps the court informed as to any changes in investments. (g) If funds are transferred to a trust as referenced in subsection (a), the fiduciary and trust protector are relieved of requirements under this title where trust assets, investments, and their financial nature require public disclosure or filing upon public record. A certification of trust outlined under § 35-15-1013 may be filed with the clerk of the court to show such trust is created. Such trust must be governed and administered by a qualified trustee as permitted by title 35. Further, the court clerk with personal jurisdiction over the person with a disability or minor must be named trust protector of said trust with powers prescribed by §§ 35-15-1201 - 35-15-1205, [former] 35-15-1206 [repealed]. Amended by 2019 Tenn. Acts, ch. 340, Secs.s 6, s 7eff. 5/10/2019. Amended by 2016 Tenn. Acts, ch. 640, s 1, Sec.s 2eff. 3/23/2016. Acts 1992, ch. 794, § 16; 1994, ch. 855, § 8; 1996, ch. 880, § 2; T.C.A. § 34-11-115.
(a) A fiduciary is limited in its investments to the investments permitted by title 35, chapter 3 unless estate funds or property, or both, are transferred to a trust created pursuant to the Tennessee Uniform Trust Code, compiled in title 35, chapter 15. All funds held by a fiduciary shall be invested within forty-five (45) days of receipt of the funds unless otherwise allowed by the court.
(b) Except as provided in subsection (d), at the hearing for the appointment of a fiduciary, the proposed fiduciary shall present an outline of the proposed property management plan for the respondent's property. If the proposed property management plan cannot be presented at the appointment hearing, the fiduciary shall submit the proposed property management plan to the court for approval before any property is invested. The purpose of the property management plan is to advise the court of the general type of property in which the respondent's property will be invested so the court will be assured the fiduciary will be making approved investments. The plan need not detail the individual asset or assets. For example, if the fiduciary plans to invest in certificates of deposit, the plan need only make that statement. It is not necessary to identify the individual institution or institutions whose certificates will be purchased.
(c) Except as provided in subsections (d) and (f), each fiduciary shall request court approval to change the nature of the fiduciary's investment or investments. Compliance with the preceding sentence does not require court approval to change the same type of investment from one institution to another. For example, changing a certificate of deposit from one institution to another does not require court approval. Changing from one type of investment to another does require court approval. For example, changing from a certificate of deposit to traded stock would require court approval. If the fiduciary's property management plan describes proposed changes the fiduciary would make in response to economic and market conditions, the court may grant advance approval to make changes as described in the plan.
(d) If the fiduciary is a financial institution, it shall not be required to seek court approval to change any investment.
(e) (1) Notwithstanding any law to the contrary, no property management plan shall be required for the property of a minor or person with a disability if such property does not exceed twenty-five thousand dollars ($25,000) in value, unless, on the motion of any interested party, including the guardian ad litem, the court finds such plan would be in the best interest of such minor or person with a disability. (2) If no plan is filed pursuant to subdivision (e)(1), the fiduciary's first accounting and all subsequent accountings shall state how the funds of the estate are invested and how the fiduciary proposes that the funds will be invested for the coming year.
(1) Notwithstanding any law to the contrary, no property management plan shall be required for the property of a minor or person with a disability if such property does not exceed twenty-five thousand dollars ($25,000) in value, unless, on the motion of any interested party, including the guardian ad litem, the court finds such plan would be in the best interest of such minor or person with a disability.
(2) If no plan is filed pursuant to subdivision (e)(1), the fiduciary's first accounting and all subsequent accountings shall state how the funds of the estate are invested and how the fiduciary proposes that the funds will be invested for the coming year.
(f) (1) A fiduciary may petition the court to waive the requirement to request court approval to change the nature of any investment described in the property management plan as required by subsection (c). The waiver shall be within the court's sole discretion, and the court may revoke the waiver at any time. In deciding upon the waiver, the court may consider the fiduciary's history as a conservator, the length of conservatorship, the number of years the fiduciary has acted as a conservator, and any other factors that the court deems proper. The court may require the conservator to obtain professional advice or assistance regarding the investment of excess funds. (2) The court may approve the waiver request at a hearing for which all of the respondent's heirs at law or beneficiaries had notice and an opportunity to be heard regarding the proposed waiver and change of the nature of the fiduciary's investments. (3) If a waiver is approved by the court, the waiver shall be reduced to a written order. The fiduciary shall at all times maintain a minimum balance of funds sufficient to cover anticipated costs of care of the respondent for a minimum of three (3) years. (4) If a waiver is approved by the court, the fiduciary shall provide, in the accounting report required by § 34-1-111(b) , a detailed outline of the investments made on behalf of the respondent and the current status of those investments. The purpose of the report is to assure the court that: (A) The fiduciary maintains the minimum balance prescribed by the court; (B) The fiduciary is responsibly investing the respondent's assets within the categories of investments approved in § 35-3-102 ; (C) The investment strategy demonstrates reasonable diversification to limit the risk of loss in vested funds; (D) There are no investments that would expose the respondent to any additional liability other than the possible depletion or loss of funds invested; and (E) The fiduciary keeps the court informed as to any changes in investments.
(1) A fiduciary may petition the court to waive the requirement to request court approval to change the nature of any investment described in the property management plan as required by subsection (c). The waiver shall be within the court's sole discretion, and the court may revoke the waiver at any time. In deciding upon the waiver, the court may consider the fiduciary's history as a conservator, the length of conservatorship, the number of years the fiduciary has acted as a conservator, and any other factors that the court deems proper. The court may require the conservator to obtain professional advice or assistance regarding the investment of excess funds.
(2) The court may approve the waiver request at a hearing for which all of the respondent's heirs at law or beneficiaries had notice and an opportunity to be heard regarding the proposed waiver and change of the nature of the fiduciary's investments.
(3) If a waiver is approved by the court, the waiver shall be reduced to a written order. The fiduciary shall at all times maintain a minimum balance of funds sufficient to cover anticipated costs of care of the respondent for a minimum of three (3) years.
(4) If a waiver is approved by the court, the fiduciary shall provide, in the accounting report required by § 34-1-111(b) , a detailed outline of the investments made on behalf of the respondent and the current status of those investments. The purpose of the report is to assure the court that: (A) The fiduciary maintains the minimum balance prescribed by the court; (B) The fiduciary is responsibly investing the respondent's assets within the categories of investments approved in § 35-3-102 ; (C) The investment strategy demonstrates reasonable diversification to limit the risk of loss in vested funds; (D) There are no investments that would expose the respondent to any additional liability other than the possible depletion or loss of funds invested; and (E) The fiduciary keeps the court informed as to any changes in investments.
(A) The fiduciary maintains the minimum balance prescribed by the court;
(B) The fiduciary is responsibly investing the respondent's assets within the categories of investments approved in § 35-3-102 ;
(C) The investment strategy demonstrates reasonable diversification to limit the risk of loss in vested funds;
(D) There are no investments that would expose the respondent to any additional liability other than the possible depletion or loss of funds invested; and
(E) The fiduciary keeps the court informed as to any changes in investments.
(g) If funds are transferred to a trust as referenced in subsection (a), the fiduciary and trust protector are relieved of requirements under this title where trust assets, investments, and their financial nature require public disclosure or filing upon public record. A certification of trust outlined under § 35-15-1013 may be filed with the clerk of the court to show such trust is created. Such trust must be governed and administered by a qualified trustee as permitted by title 35. Further, the court clerk with personal jurisdiction over the person with a disability or minor must be named trust protector of said trust with powers prescribed by §§ 35-15-1201 - 35-15-1205, [former] 35-15-1206 [repealed].
Amended by 2019 Tenn. Acts, ch. 340, Secs.s 6, s 7eff. 5/10/2019.
Amended by 2016 Tenn. Acts, ch. 640, s 1, Sec.s 2eff. 3/23/2016.
Acts 1992, ch. 794, § 16; 1994, ch. 855, § 8; 1996, ch. 880, § 2; T.C.A. § 34-11-115.
Tenn. Code Ann. § 34-1-124 — TN Code / Title 34 / Chapter 1 / Section 34-1-124
No fiduciary appointed - Expunction of record
Status: in_force

If an action for the appointment of a fiduciary is brought but no fiduciary is appointed, the court may for good cause enter an order permitting expunction of the record. Acts 1992, ch. 794, § 25; T.C.A. § 34-1-124 .
If an action for the appointment of a fiduciary is brought but no fiduciary is appointed, the court may for good cause enter an order permitting expunction of the record.
Acts 1992, ch. 794, § 25; T.C.A. § 34-1-124 .
Tenn. Code Ann. § 34-5-108 — TN Code / Title 34 / Chapter 5 / Section 34-5-108
Evidence of necessity for guardian for incompetent
Status: in_force

Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator, or the administrator's duly authorized representative, that the person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due the ward by the veterans administration, shall be prima facie evidence of the necessity for the appointment. Acts 1943, ch. 90, § 7; C. Supp. 1950, § 8558.8 (Williams, §8546); T.C.A. (orig. ed.), § 34-908.
Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator, or the administrator's duly authorized representative, that the person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due the ward by the veterans administration, shall be prima facie evidence of the necessity for the appointment.
Acts 1943, ch. 90, § 7; C. Supp. 1950, § 8558.8 (Williams, §8546); T.C.A. (orig. ed.), § 34-908.
Tenn. Code Ann. § 34-1-125 — TN Code / Title 34 / Chapter 1 / Section 34-1-125
Attorney ad litem
Status: in_force

(a) The court shall appoint an attorney ad litem to represent the respondent on the respondent's request, upon the recommendation of the guardian ad litem or if it appears to the court to be necessary to protect the rights or interests of the respondent. The attorney ad litem shall be an advocate for the respondent in resisting the requested relief. (b) (1) Except as provided by subdivision (b)(2), the cost of the attorney ad litem must be charged against the assets of the respondent. (2) The costs of an attorney ad litem may, in the court's discretion, be charged against the petitioner if the court dismisses a conservatorship petition because of a finding of fraud, bad faith, or deception by the petitioner. Amended by 2024 Tenn. Acts, ch. 807,s 1, eff. 4/29/2024. Acts 1992, ch. 794, § 26; T.C.A. § 34-11-125.
(a) The court shall appoint an attorney ad litem to represent the respondent on the respondent's request, upon the recommendation of the guardian ad litem or if it appears to the court to be necessary to protect the rights or interests of the respondent. The attorney ad litem shall be an advocate for the respondent in resisting the requested relief.
(b) (1) Except as provided by subdivision (b)(2), the cost of the attorney ad litem must be charged against the assets of the respondent. (2) The costs of an attorney ad litem may, in the court's discretion, be charged against the petitioner if the court dismisses a conservatorship petition because of a finding of fraud, bad faith, or deception by the petitioner.
(1) Except as provided by subdivision (b)(2), the cost of the attorney ad litem must be charged against the assets of the respondent.
(2) The costs of an attorney ad litem may, in the court's discretion, be charged against the petitioner if the court dismisses a conservatorship petition because of a finding of fraud, bad faith, or deception by the petitioner.
Amended by 2024 Tenn. Acts, ch. 807,s 1, eff. 4/29/2024.
Acts 1992, ch. 794, § 26; T.C.A. § 34-11-125.
Tenn. Code Ann. § 34-8-302 — TN Code / Title 34 / Chapter 8 / Section 34-8-302
Accepting guardianship or conservatorship transferred from another state
Status: repealed

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to § 34-8-301 , the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer. (b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state. (c) On the court's own motion or on request of the guardian or conservator, the disabled or protected person or minor, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a). (d) The court shall issue an order provisionally granting a petition filed under subsection (a) unless: (1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the disabled or protected person or minor; or (2) The guardian or conservator is ineligible for appointment in this state. (e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 34-8-301 transferring the proceeding to this state. (f) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state. (g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the disabled or protected person's incapacity and the appointment of the guardian or conservator. (h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under other chapters of this title if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. Acts 2010, ch. 817, § 1.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to § 34-8-301 , the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
(b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
(c) On the court's own motion or on request of the guardian or conservator, the disabled or protected person or minor, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d) The court shall issue an order provisionally granting a petition filed under subsection (a) unless: (1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the disabled or protected person or minor; or (2) The guardian or conservator is ineligible for appointment in this state.
(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the disabled or protected person or minor; or
(2) The guardian or conservator is ineligible for appointment in this state.
(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 34-8-301 transferring the proceeding to this state.
(f) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the disabled or protected person's incapacity and the appointment of the guardian or conservator.
(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under other chapters of this title if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-8-502 — TN Code / Title 34 / Chapter 8 / Section 34-8-502
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of that act ( 15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in § 103(b) of that act ( 15 U.S.C. § 7003(b) ). Acts 2010 , ch. 817, § 1.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of that act ( 15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in § 103(b) of that act ( 15 U.S.C. § 7003(b) ).
Acts 2010 , ch. 817, § 1.
Tenn. Code Ann. § 34-1-126 — TN Code / Title 34 / Chapter 1 / Section 34-1-126
Finding of disablement and need of assistance prerequisite for appointment of fiduciary
Status: in_force

The court must find by clear and convincing evidence that the respondent is fully or partially disabled and that the respondent is in need of assistance from the court before a fiduciary can be appointed. Acts 1992, ch. 794, § 27; T.C.A. § 34-11-126.
The court must find by clear and convincing evidence that the respondent is fully or partially disabled and that the respondent is in need of assistance from the court before a fiduciary can be appointed.
Acts 1992, ch. 794, § 27; T.C.A. § 34-11-126.
Tenn. Code Ann. § 34-6-303 — TN Code / Title 34 / Chapter 6 / Section 34-6-303
Execution of instrument providing for power of attorney - Affidavit detailing hardship - Procedure when one parent has legal custody
Status: in_force

The instrument providing for the power of attorney shall be executed by both parents, if both parents are living and have legal custody of the minor child and shall state with specificity the details of the hardship preventing the parent from caring for the child. If only one (1) parent has legal custody of the minor child, then such parent shall execute the instrument. The other parent must consent in writing to the appointment in the instrument or the executing parent shall explain in the instrument why the consent cannot be obtained. If both parents do not execute the affidavit, then the executing parent shall send by certified mail, return receipt requested, to the other parent at the last known address, a copy of the instrument and a notice of § 34-6-305 . Acts 2003, ch. 71, § 1.
The instrument providing for the power of attorney shall be executed by both parents, if both parents are living and have legal custody of the minor child and shall state with specificity the details of the hardship preventing the parent from caring for the child. If only one (1) parent has legal custody of the minor child, then such parent shall execute the instrument. The other parent must consent in writing to the appointment in the instrument or the executing parent shall explain in the instrument why the consent cannot be obtained. If both parents do not execute the affidavit, then the executing parent shall send by certified mail, return receipt requested, to the other parent at the last known address, a copy of the instrument and a notice of § 34-6-305 .
Acts 2003, ch. 71, § 1.
Tenn. Code Ann. § 34-6-310 — TN Code / Title 34 / Chapter 6 / Section 34-6-310
No obligation to inquire or investigate
Status: in_force

A person who relies on the power of attorney for care of a minor child has no obligation to make any further inquiry or investigation. Nothing in this part shall relieve any individual from liability for violations of other provisions of law. Acts 2003, ch. 71, § 1.
A person who relies on the power of attorney for care of a minor child has no obligation to make any further inquiry or investigation. Nothing in this part shall relieve any individual from liability for violations of other provisions of law.
Acts 2003, ch. 71, § 1.
Tenn. Code Ann. § 34-5-109 — TN Code / Title 34 / Chapter 5 / Section 34-5-109
Notice of petition for appointment
Status: in_force

Upon the filing of a petition for the appointment of a guardian under this chapter, notice shall be given to the ward and to other persons, in the manner provided by the general law of this state, and also to the veterans administration as provided by this chapter. Acts 1943, ch. 90, § 8; C. Supp. 1950, § 8558.9 (Williams, §8547); T.C.A. (orig. ed.), § 34-909.
Upon the filing of a petition for the appointment of a guardian under this chapter, notice shall be given to the ward and to other persons, in the manner provided by the general law of this state, and also to the veterans administration as provided by this chapter.
Acts 1943, ch. 90, § 8; C. Supp. 1950, § 8558.9 (Williams, §8547); T.C.A. (orig. ed.), § 34-909.
Tenn. Code Ann. § 34-6-406 — TN Code / Title 34 / Chapter 6 / Section 34-6-406
Immunity from liability for health care providers relying on authorization affidavit - Authorization affidavit does not confer dependency
Status: in_force

(a) A health care provider who has no actual knowledge of facts contrary to those stated in an authorization affidavit and who relies on a written instrument that is consistent with the requirements of this part and provides health care to an unemancipated minor shall not incur civil liability, criminal culpability, or professional disciplinary action for treating an unemancipated minor without legal consent if a reasonable health care provider would have relied on the written instrument under the same or similar circumstances. Nothing in this part requires a physician, dentist, mental health professional, or other health care provider to rely on a written instrument or to accept health care decisions from a person standing in loco parentis. (b) An authorization affidavit does not confer dependency for health care coverage or insurance purposes. Acts 2014, ch. 696, § 2.
(a) A health care provider who has no actual knowledge of facts contrary to those stated in an authorization affidavit and who relies on a written instrument that is consistent with the requirements of this part and provides health care to an unemancipated minor shall not incur civil liability, criminal culpability, or professional disciplinary action for treating an unemancipated minor without legal consent if a reasonable health care provider would have relied on the written instrument under the same or similar circumstances. Nothing in this part requires a physician, dentist, mental health professional, or other health care provider to rely on a written instrument or to accept health care decisions from a person standing in loco parentis.
(b) An authorization affidavit does not confer dependency for health care coverage or insurance purposes.
Acts 2014, ch. 696, § 2.
Tenn. Code Ann. § 34-5-110 — TN Code / Title 34 / Chapter 5 / Section 34-5-110
Bond of guardian
Status: in_force

(a) Upon the appointment of a guardian, the guardian shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state. The court may from time to time require the guardian to file an additional bond. (b) Where a bond is tendered by a guardian with personal sureties, there shall be at least two (2) such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all debts and liabilities and the aggregate of other bonds on which the guardian is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate. Acts 1943, ch. 90, § 9; C. Supp. 1950, § 8558.10 (Williams, §8548); T.C.A. (orig. ed.), § 34-910.
(a) Upon the appointment of a guardian, the guardian shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state. The court may from time to time require the guardian to file an additional bond.
(b) Where a bond is tendered by a guardian with personal sureties, there shall be at least two (2) such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all debts and liabilities and the aggregate of other bonds on which the guardian is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.
Acts 1943, ch. 90, § 9; C. Supp. 1950, § 8558.10 (Williams, §8548); T.C.A. (orig. ed.), § 34-910.
Tenn. Code Ann. § 34-3-104 — TN Code / Title 34 / Chapter 3 / Section 34-3-104
Petition for appointment - Sworn - Contents
Status: in_force

The petition for the appointment of a conservator, which shall be sworn, should contain the following: (1) The name, date of birth, residence and mailing address of the respondent; (2) A description of the nature of the alleged disability of the respondent; (3) The name, age, residence and mailing address of the petitioner, a statement of the relationship of the petitioner to the respondent, and a statement of any felony or misdemeanor convictions of the petitioner, if any; (4) The name, age, mailing address, relationship of the proposed conservator, statement of any felony or misdemeanor conviction of the proposed conservator, and, if the proposed conservator is not the petitioner, a statement signed by the proposed conservator acknowledging awareness of the petition and a willingness to serve. The petition must also include current copies of the following reports on the proposed conservator: (A) A search of the department of health's registry of persons who have abused, neglected, or misappropriated the property of vulnerable persons, established by title 68, chapter 11, part 10; and (B) A search of the national sex offender registry maintained by the United States department of justice; (5) The name, mailing address and relationship of the closest relative or relatives of the respondent and the name and mailing address of the person or institution, if any, having care and custody of the respondent or with whom the respondent is living. If the respondent has no then living spouse, child, parent or sibling, the petition shall so state and more remote relatives are not to be listed; (6) A summary of the facts supporting the petitioner's allegation that a conservator is needed; (7) The name of the respondent's physician or, where appropriate, respondent's psychologist or senior psychological examiner and either: (A) A sworn examination report described in § 34-3-105(c) ; (B) A statement that the respondent has been examined but the sworn examination report has not been received but will be filed before the hearing; or (C) A statement that the respondent refuses to be examined voluntarily, with a request that the court direct the respondent to submit to medical examination; (8) The rights of the respondent to be removed from the respondent and transferred to the conservator. The rights the court may remove may include, but are not limited to, the right to vote, dispose of property, execute instruments, make purchases, enter into contractual relationships, hold a valid Tennessee driver license, give or refuse consent to medical and mental examinations and treatment or hospitalization, or do any other act of legal significance the court deems necessary or advisable; (9) If the petition requests the conservator to manage the property of the respondent, the petition also shall contain: (A) If the financial information about the respondent is known to the petitioner: (i) A list of the property of the respondent, together with the approximate fair market value of each item and a statement whether the property listed is all of the respondent's property; (ii) A list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue received by the respondent; (iii) A list of the usual monthly expenses of the respondent and an explanation of how these expenditures were met prior to the filing of the petition; (iv) A description of the proposed plan for the management of the respondent's property if a conservator is appointed; or (B) If the financial information about the respondent is unknown to the petitioner, a request that the court enter an order authorizing the petitioner to investigate the respondent's property; and (10) A request for a guardian ad litem, conservator or co-conservator, or attorney ad litem with specific experience or expertise in matters like those faced by the respondent, if warranted under the circumstances. Amended by 2021 Tenn. Acts, ch. 84, s 1, eff. 1/1/2022. Amended by 2013 Tenn. Acts, ch. 435, s 25, eff. 7/1/2013. Acts 1992, ch. 794, § 44; 1994, ch. 855, § 14; T.C.A. §34-13-104; Acts 2003 , ch. 124, §1; 2012 , ch. 807, §1; 2012 , ch. 917, § 2.
The petition for the appointment of a conservator, which shall be sworn, should contain the following:
(1) The name, date of birth, residence and mailing address of the respondent;
(2) A description of the nature of the alleged disability of the respondent;
(3) The name, age, residence and mailing address of the petitioner, a statement of the relationship of the petitioner to the respondent, and a statement of any felony or misdemeanor convictions of the petitioner, if any;
(4) The name, age, mailing address, relationship of the proposed conservator, statement of any felony or misdemeanor conviction of the proposed conservator, and, if the proposed conservator is not the petitioner, a statement signed by the proposed conservator acknowledging awareness of the petition and a willingness to serve. The petition must also include current copies of the following reports on the proposed conservator: (A) A search of the department of health's registry of persons who have abused, neglected, or misappropriated the property of vulnerable persons, established by title 68, chapter 11, part 10; and (B) A search of the national sex offender registry maintained by the United States department of justice;
(A) A search of the department of health's registry of persons who have abused, neglected, or misappropriated the property of vulnerable persons, established by title 68, chapter 11, part 10; and
(B) A search of the national sex offender registry maintained by the United States department of justice;
(5) The name, mailing address and relationship of the closest relative or relatives of the respondent and the name and mailing address of the person or institution, if any, having care and custody of the respondent or with whom the respondent is living. If the respondent has no then living spouse, child, parent or sibling, the petition shall so state and more remote relatives are not to be listed;
(6) A summary of the facts supporting the petitioner's allegation that a conservator is needed;
(7) The name of the respondent's physician or, where appropriate, respondent's psychologist or senior psychological examiner and either: (A) A sworn examination report described in § 34-3-105(c) ; (B) A statement that the respondent has been examined but the sworn examination report has not been received but will be filed before the hearing; or (C) A statement that the respondent refuses to be examined voluntarily, with a request that the court direct the respondent to submit to medical examination;
(A) A sworn examination report described in § 34-3-105(c) ;
(B) A statement that the respondent has been examined but the sworn examination report has not been received but will be filed before the hearing; or
(C) A statement that the respondent refuses to be examined voluntarily, with a request that the court direct the respondent to submit to medical examination;
(8) The rights of the respondent to be removed from the respondent and transferred to the conservator. The rights the court may remove may include, but are not limited to, the right to vote, dispose of property, execute instruments, make purchases, enter into contractual relationships, hold a valid Tennessee driver license, give or refuse consent to medical and mental examinations and treatment or hospitalization, or do any other act of legal significance the court deems necessary or advisable;
(9) If the petition requests the conservator to manage the property of the respondent, the petition also shall contain: (A) If the financial information about the respondent is known to the petitioner: (i) A list of the property of the respondent, together with the approximate fair market value of each item and a statement whether the property listed is all of the respondent's property; (ii) A list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue received by the respondent; (iii) A list of the usual monthly expenses of the respondent and an explanation of how these expenditures were met prior to the filing of the petition; (iv) A description of the proposed plan for the management of the respondent's property if a conservator is appointed; or (B) If the financial information about the respondent is unknown to the petitioner, a request that the court enter an order authorizing the petitioner to investigate the respondent's property; and
(A) If the financial information about the respondent is known to the petitioner: (i) A list of the property of the respondent, together with the approximate fair market value of each item and a statement whether the property listed is all of the respondent's property; (ii) A list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue received by the respondent; (iii) A list of the usual monthly expenses of the respondent and an explanation of how these expenditures were met prior to the filing of the petition; (iv) A description of the proposed plan for the management of the respondent's property if a conservator is appointed; or
(i) A list of the property of the respondent, together with the approximate fair market value of each item and a statement whether the property listed is all of the respondent's property;
(ii) A list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue received by the respondent;
(iii) A list of the usual monthly expenses of the respondent and an explanation of how these expenditures were met prior to the filing of the petition;
(iv) A description of the proposed plan for the management of the respondent's property if a conservator is appointed; or
(B) If the financial information about the respondent is unknown to the petitioner, a request that the court enter an order authorizing the petitioner to investigate the respondent's property; and
(10) A request for a guardian ad litem, conservator or co-conservator, or attorney ad litem with specific experience or expertise in matters like those faced by the respondent, if warranted under the circumstances.
Amended by 2021 Tenn. Acts, ch. 84, s 1, eff. 1/1/2022.
Amended by 2013 Tenn. Acts, ch. 435, s 25, eff. 7/1/2013.
Acts 1992, ch. 794, § 44; 1994, ch. 855, § 14; T.C.A. §34-13-104; Acts 2003 , ch. 124, §1; 2012 , ch. 807, §1; 2012 , ch. 917, § 2.
Tenn. Code Ann. § 34-3-107 — TN Code / Title 34 / Chapter 3 / Section 34-3-107
Where conservator needed - Court order - Consent
Status: in_force

(a) If the court determines a conservator is needed, the court shall enter an order which shall: (1) Name the conservator or co-conservators and, in the court's discretion, a standby conservator or co-conservators; (2) Enumerate the powers removed from the respondent and those to be vested in the conservator. To the extent not specifically removed, the respondent shall retain and shall exercise all of the powers of a person without a disability. The court may consider removing any rights of the person with a disability and vesting some or all in a conservator. Such rights may include, but are not limited to: (A) The right to give, withhold, or withdraw consent and make other informed decisions relative to medical and mental examinations and treatment; (B) The right to make end of life decisions: (i) To consent, withhold, or withdraw consent for the entry of a "do not resuscitate" order or the application of any heroic measures or medical procedures intended solely to sustain life and other medications; and (ii) To consent or withhold consent concerning the withholding or withdrawal of artificially provided food, water, or other nourishment or fluids; (C) The right to consent to admission to hospitalization, and to be discharged or transferred to a residential setting, group home, or other facility for additional care and treatment; (D) The right to consent to participate in activities and therapies which are reasonable and necessary for the habilitation of the respondent; (E) The right to consent or withhold consent to any residential or custodial placement; (F) The power to give, receive, release, or authorize disclosures of confidential information; (G) The right to apply for benefits, public and private, for which the person with a disability may be eligible; (H) The right to dispose of personal property and real property subject to statutory and judicial constraints; (I) The right to determine whether or not the respondent may utilize a Tennessee driver license for the purpose of driving; (J) The right to make purchases; (K) The right to enter into contractual relationships; (L) The right to execute instruments of legal significance; (M) The right to pay the respondent's bills and protect and invest the respondent's income and assets; (N) The right to prosecute and defend lawsuits; (O) The right to execute, on behalf of the respondent, any and all documents to carry out the authority vested above; and (P) The right to communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail; (3) If the rights and powers transferred to the conservator include management of the respondent's property, the order shall: (A) Set the amount of the conservator's bond unless waived as authorized in § 34-1-105 ; (B) Set the nature and frequency of each approved expenditure and prohibit the conservator from making other expenditures without court approval; (C) Set forth the approved management of the property of the person with a disability; and (D) Prohibit the sale of any property except as permitted by § 34-1-116(b) without prior court approval or as permitted in the property management plan approved by the order; (4) Whether a conservator is being appointed from § 34-3-103(6) , and if the conservator is being appointed from § 34-3-103(6) , the reasons why the court was unable to appoint a conservator from § 34-3-103(1)-(5) ; and (5) State any other authority or direction as the court determines is appropriate to properly care for the person or property of the person with a disability. (b) If the court grants a protective order placing under seal the respondent's financial information, as provided by § 34-3-106(6) , the order shall not deny access to information regarding fees and expenses of the conservatorship. (c) If a respondent is unable to express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then consent of the respondent may be presumed based on the respondent's prior relationship history with the person. Amended by 2016 Tenn. Acts, ch. 1062, Secs.s 2, s 4eff. 5/16/2016. Amended by 2014 Tenn. Acts, ch. 799, s 2, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 435, s 29, eff. 7/1/2013. Acts 1992, ch. 794, § 47; T.C.A. § 34-13-107.
(a) If the court determines a conservator is needed, the court shall enter an order which shall: (1) Name the conservator or co-conservators and, in the court's discretion, a standby conservator or co-conservators; (2) Enumerate the powers removed from the respondent and those to be vested in the conservator. To the extent not specifically removed, the respondent shall retain and shall exercise all of the powers of a person without a disability. The court may consider removing any rights of the person with a disability and vesting some or all in a conservator. Such rights may include, but are not limited to: (A) The right to give, withhold, or withdraw consent and make other informed decisions relative to medical and mental examinations and treatment; (B) The right to make end of life decisions: (i) To consent, withhold, or withdraw consent for the entry of a "do not resuscitate" order or the application of any heroic measures or medical procedures intended solely to sustain life and other medications; and (ii) To consent or withhold consent concerning the withholding or withdrawal of artificially provided food, water, or other nourishment or fluids; (C) The right to consent to admission to hospitalization, and to be discharged or transferred to a residential setting, group home, or other facility for additional care and treatment; (D) The right to consent to participate in activities and therapies which are reasonable and necessary for the habilitation of the respondent; (E) The right to consent or withhold consent to any residential or custodial placement; (F) The power to give, receive, release, or authorize disclosures of confidential information; (G) The right to apply for benefits, public and private, for which the person with a disability may be eligible; (H) The right to dispose of personal property and real property subject to statutory and judicial constraints; (I) The right to determine whether or not the respondent may utilize a Tennessee driver license for the purpose of driving; (J) The right to make purchases; (K) The right to enter into contractual relationships; (L) The right to execute instruments of legal significance; (M) The right to pay the respondent's bills and protect and invest the respondent's income and assets; (N) The right to prosecute and defend lawsuits; (O) The right to execute, on behalf of the respondent, any and all documents to carry out the authority vested above; and (P) The right to communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail; (3) If the rights and powers transferred to the conservator include management of the respondent's property, the order shall: (A) Set the amount of the conservator's bond unless waived as authorized in § 34-1-105 ; (B) Set the nature and frequency of each approved expenditure and prohibit the conservator from making other expenditures without court approval; (C) Set forth the approved management of the property of the person with a disability; and (D) Prohibit the sale of any property except as permitted by § 34-1-116(b) without prior court approval or as permitted in the property management plan approved by the order; (4) Whether a conservator is being appointed from § 34-3-103(6) , and if the conservator is being appointed from § 34-3-103(6) , the reasons why the court was unable to appoint a conservator from § 34-3-103(1)-(5) ; and (5) State any other authority or direction as the court determines is appropriate to properly care for the person or property of the person with a disability.
(1) Name the conservator or co-conservators and, in the court's discretion, a standby conservator or co-conservators;
(2) Enumerate the powers removed from the respondent and those to be vested in the conservator. To the extent not specifically removed, the respondent shall retain and shall exercise all of the powers of a person without a disability. The court may consider removing any rights of the person with a disability and vesting some or all in a conservator. Such rights may include, but are not limited to: (A) The right to give, withhold, or withdraw consent and make other informed decisions relative to medical and mental examinations and treatment; (B) The right to make end of life decisions: (i) To consent, withhold, or withdraw consent for the entry of a "do not resuscitate" order or the application of any heroic measures or medical procedures intended solely to sustain life and other medications; and (ii) To consent or withhold consent concerning the withholding or withdrawal of artificially provided food, water, or other nourishment or fluids; (C) The right to consent to admission to hospitalization, and to be discharged or transferred to a residential setting, group home, or other facility for additional care and treatment; (D) The right to consent to participate in activities and therapies which are reasonable and necessary for the habilitation of the respondent; (E) The right to consent or withhold consent to any residential or custodial placement; (F) The power to give, receive, release, or authorize disclosures of confidential information; (G) The right to apply for benefits, public and private, for which the person with a disability may be eligible; (H) The right to dispose of personal property and real property subject to statutory and judicial constraints; (I) The right to determine whether or not the respondent may utilize a Tennessee driver license for the purpose of driving; (J) The right to make purchases; (K) The right to enter into contractual relationships; (L) The right to execute instruments of legal significance; (M) The right to pay the respondent's bills and protect and invest the respondent's income and assets; (N) The right to prosecute and defend lawsuits; (O) The right to execute, on behalf of the respondent, any and all documents to carry out the authority vested above; and (P) The right to communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail;
(A) The right to give, withhold, or withdraw consent and make other informed decisions relative to medical and mental examinations and treatment;
(B) The right to make end of life decisions: (i) To consent, withhold, or withdraw consent for the entry of a "do not resuscitate" order or the application of any heroic measures or medical procedures intended solely to sustain life and other medications; and (ii) To consent or withhold consent concerning the withholding or withdrawal of artificially provided food, water, or other nourishment or fluids;
(i) To consent, withhold, or withdraw consent for the entry of a "do not resuscitate" order or the application of any heroic measures or medical procedures intended solely to sustain life and other medications; and
(ii) To consent or withhold consent concerning the withholding or withdrawal of artificially provided food, water, or other nourishment or fluids;
(C) The right to consent to admission to hospitalization, and to be discharged or transferred to a residential setting, group home, or other facility for additional care and treatment;
(D) The right to consent to participate in activities and therapies which are reasonable and necessary for the habilitation of the respondent;
(E) The right to consent or withhold consent to any residential or custodial placement;
(F) The power to give, receive, release, or authorize disclosures of confidential information;
(G) The right to apply for benefits, public and private, for which the person with a disability may be eligible;
(H) The right to dispose of personal property and real property subject to statutory and judicial constraints;
(I) The right to determine whether or not the respondent may utilize a Tennessee driver license for the purpose of driving;
(J) The right to make purchases;
(K) The right to enter into contractual relationships;
(L) The right to execute instruments of legal significance;
(M) The right to pay the respondent's bills and protect and invest the respondent's income and assets;
(N) The right to prosecute and defend lawsuits;
(O) The right to execute, on behalf of the respondent, any and all documents to carry out the authority vested above; and
(P) The right to communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail;
(3) If the rights and powers transferred to the conservator include management of the respondent's property, the order shall: (A) Set the amount of the conservator's bond unless waived as authorized in § 34-1-105 ; (B) Set the nature and frequency of each approved expenditure and prohibit the conservator from making other expenditures without court approval; (C) Set forth the approved management of the property of the person with a disability; and (D) Prohibit the sale of any property except as permitted by § 34-1-116(b) without prior court approval or as permitted in the property management plan approved by the order;
(A) Set the amount of the conservator's bond unless waived as authorized in § 34-1-105 ;
(B) Set the nature and frequency of each approved expenditure and prohibit the conservator from making other expenditures without court approval;
(C) Set forth the approved management of the property of the person with a disability; and
(D) Prohibit the sale of any property except as permitted by § 34-1-116(b) without prior court approval or as permitted in the property management plan approved by the order;
(4) Whether a conservator is being appointed from § 34-3-103(6) , and if the conservator is being appointed from § 34-3-103(6) , the reasons why the court was unable to appoint a conservator from § 34-3-103(1)-(5) ; and
(5) State any other authority or direction as the court determines is appropriate to properly care for the person or property of the person with a disability.
(b) If the court grants a protective order placing under seal the respondent's financial information, as provided by § 34-3-106(6) , the order shall not deny access to information regarding fees and expenses of the conservatorship.
(c) If a respondent is unable to express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then consent of the respondent may be presumed based on the respondent's prior relationship history with the person.
Amended by 2016 Tenn. Acts, ch. 1062, Secs.s 2, s 4eff. 5/16/2016.
Amended by 2014 Tenn. Acts, ch. 799, s 2, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 435, s 29, eff. 7/1/2013.
Acts 1992, ch. 794, § 47; T.C.A. § 34-13-107.
Tenn. Code Ann. § 34-3-109 — TN Code / Title 34 / Chapter 3 / Section 34-3-109
Support of person with a disability's spouse or minor children
Status: in_force

The appointment of a conservator for a person with a disability does not automatically terminate the duty of the person with a disability to support such spouse or dependent minor children of the person with a disability. The court having jurisdiction over the person with a disability may establish the amount of financial support to which the spouse or dependent minor children are entitled. Amended by 2013 Tenn. Acts, ch. 435,s 45, eff. 7/1/2013. Acts 1992, ch. 794, § 49; T.C.A. § 34-13-109.
The appointment of a conservator for a person with a disability does not automatically terminate the duty of the person with a disability to support such spouse or dependent minor children of the person with a disability. The court having jurisdiction over the person with a disability may establish the amount of financial support to which the spouse or dependent minor children are entitled.
Amended by 2013 Tenn. Acts, ch. 435,s 45, eff. 7/1/2013.
Acts 1992, ch. 794, § 49; T.C.A. § 34-13-109.
Tenn. Code Ann. § 34-1-123 — TN Code / Title 34 / Chapter 1 / Section 34-1-123
Summons to appear for abuse, mismanagement or failure to perform - Removal - Submission of matter to district attorney general's office
Status: in_force

The court in its discretion may summon a fiduciary to appear before the court and may, if cause be shown, remove the fiduciary for any abuse, mismanagement, neglect or failure to perform the duties of fiduciary as set forth in this chapter, and chapters 2 and 3 of this title. If the court determines title 39, chapter 14, may apply to any fiduciary, the court in its discretion may submit the matter to the district attorney general's office. Acts 1992, ch. 794, § 24; T.C.A. § 34-11-123.
The court in its discretion may summon a fiduciary to appear before the court and may, if cause be shown, remove the fiduciary for any abuse, mismanagement, neglect or failure to perform the duties of fiduciary as set forth in this chapter, and chapters 2 and 3 of this title. If the court determines title 39, chapter 14, may apply to any fiduciary, the court in its discretion may submit the matter to the district attorney general's office.
Acts 1992, ch. 794, § 24; T.C.A. § 34-11-123.
Tenn. Code Ann. § 34-5-114 — TN Code / Title 34 / Chapter 5 / Section 34-5-114
Investment of funds
Status: in_force

Every guardian shall invest the corpus of all funds of the guardian's ward, coming into the guardian's hands, only in the following types of securities in which the guardian shall have no interest, directly or indirectly: (1) The direct bonds and obligations of the United States, or in mutual fund shares of a registered investment company or common trust funds which are invested only in direct bonds and obligations of the United States, or obligations issued separately or collectively by or for federal land banks, federal intermediate credit banks and banks for cooperatives under the act of Congress known as the Farm Credit Act of 1971, 85 Stat. 583, 12 U.S.C. § 2001 and amendments to that act, or Home Owners' Loan Corporation bonds, guaranteed in principal and interest by the United States government, procuring them always at the best possible salable or market price obtainable in the interest of the ward; bonds and/or debentures issued by any Federal Home Loan Bank organized under the Federal Home Loan Bank Act of the United States; (2) The bonds of the state of Tennessee, procuring the bonds always at the best possible salable or market price obtainable in the interest of the ward; (3) The bonds of any county in this state having a population of fifteen thousand (15,000) by the last federal census next preceding the date of the investment, that has not defaulted within twenty (20) years preceding the investment for more than thirty (30) days in the payment of any part either of principal or interest of any bond, note or other evidence of indebtedness, procuring the bonds always at the best possible salable or market price obtainable in the interest of the ward; provided, that before investment is made in the county bonds as authorized in this subdivision (3), there has been filed with the clerk of the court having jurisdiction of the guardianship a certificate by the chief financing officer, or treasurer of the county, certifying to the prerequisites as provided in this subdivision (3) regarding population and status of the bonds; (4) The bonds or notes of any city or town in this state that has a population as shown by the last federal census next preceding the investment of not less than forty-five thousand (45,000) and has not defaulted within twenty (20) years preceding the investment for more than thirty (30) days in the payment of any part either of principal or interest of any bond, note or other evidence of indebtedness, procuring the bonds or notes always at the best possible salable or market price obtainable in the interest of the ward; provided, that before investment is made in city bonds as authorized in this subdivision (4), there has been filed with the clerk of the court having jurisdiction of the guardianship a certificate by the chief financing officer or treasurer of the city certifying to the prerequisites as provided in this subdivision (4) regarding population and status of the bonds; (5) First mortgage or trust deed on real estate situated in the county of the guardianship, the amount lent not to exceed one-half (1/2) of the actual cash value of the real estate mortgaged; provided, that the real estate has been appraised and reported as to its cash market value by three (3) disinterested persons appointed for that purpose by the chancery or probate court of the county in which the land lies, upon application to the court to that end, and approved by the court; (6) Certificates of deposit, time deposits, savings deposits, and any other accounts, issued and accepted by any state or national bank that has insured its accounts with the federal deposit insurance corporation, up to the maximum amount insured by the federal deposit insurance corporation; and (7) Any type of savings account or deposits (including certificates of deposit) in an amount that is insured with an insurer approved by the commissioner of commerce and insurance. Amended by 2014 Tenn. Acts, ch. 829, s 3, eff. 4/29/2014. Acts 1943, ch. 90, § 13; C. Supp. 1950, § 8558.14 (Williams, § 8552); modified; Acts 1969, ch. 23, § 1; 1969, ch. 150, § 1; 1976, ch. 585, § 1; 1978, ch. 708, § 6.02; T.C.A. (orig. ed.), § 34-914; Acts 1987, ch. 322, § 18.
Every guardian shall invest the corpus of all funds of the guardian's ward, coming into the guardian's hands, only in the following types of securities in which the guardian shall have no interest, directly or indirectly:
(1) The direct bonds and obligations of the United States, or in mutual fund shares of a registered investment company or common trust funds which are invested only in direct bonds and obligations of the United States, or obligations issued separately or collectively by or for federal land banks, federal intermediate credit banks and banks for cooperatives under the act of Congress known as the Farm Credit Act of 1971, 85 Stat. 583, 12 U.S.C. § 2001 and amendments to that act, or Home Owners' Loan Corporation bonds, guaranteed in principal and interest by the United States government, procuring them always at the best possible salable or market price obtainable in the interest of the ward; bonds and/or debentures issued by any Federal Home Loan Bank organized under the Federal Home Loan Bank Act of the United States;
(2) The bonds of the state of Tennessee, procuring the bonds always at the best possible salable or market price obtainable in the interest of the ward;
(3) The bonds of any county in this state having a population of fifteen thousand (15,000) by the last federal census next preceding the date of the investment, that has not defaulted within twenty (20) years preceding the investment for more than thirty (30) days in the payment of any part either of principal or interest of any bond, note or other evidence of indebtedness, procuring the bonds always at the best possible salable or market price obtainable in the interest of the ward; provided, that before investment is made in the county bonds as authorized in this subdivision (3), there has been filed with the clerk of the court having jurisdiction of the guardianship a certificate by the chief financing officer, or treasurer of the county, certifying to the prerequisites as provided in this subdivision (3) regarding population and status of the bonds;
(4) The bonds or notes of any city or town in this state that has a population as shown by the last federal census next preceding the investment of not less than forty-five thousand (45,000) and has not defaulted within twenty (20) years preceding the investment for more than thirty (30) days in the payment of any part either of principal or interest of any bond, note or other evidence of indebtedness, procuring the bonds or notes always at the best possible salable or market price obtainable in the interest of the ward; provided, that before investment is made in city bonds as authorized in this subdivision (4), there has been filed with the clerk of the court having jurisdiction of the guardianship a certificate by the chief financing officer or treasurer of the city certifying to the prerequisites as provided in this subdivision (4) regarding population and status of the bonds;
(5) First mortgage or trust deed on real estate situated in the county of the guardianship, the amount lent not to exceed one-half (1/2) of the actual cash value of the real estate mortgaged; provided, that the real estate has been appraised and reported as to its cash market value by three (3) disinterested persons appointed for that purpose by the chancery or probate court of the county in which the land lies, upon application to the court to that end, and approved by the court;
(6) Certificates of deposit, time deposits, savings deposits, and any other accounts, issued and accepted by any state or national bank that has insured its accounts with the federal deposit insurance corporation, up to the maximum amount insured by the federal deposit insurance corporation; and
(7) Any type of savings account or deposits (including certificates of deposit) in an amount that is insured with an insurer approved by the commissioner of commerce and insurance.
Amended by 2014 Tenn. Acts, ch. 829, s 3, eff. 4/29/2014.
Acts 1943, ch. 90, § 13; C. Supp. 1950, § 8558.14 (Williams, § 8552); modified; Acts 1969, ch. 23, § 1; 1969, ch. 150, § 1; 1976, ch. 585, § 1; 1978, ch. 708, § 6.02; T.C.A. (orig. ed.), § 34-914; Acts 1987, ch. 322, § 18.
Tenn. Code Ann. § 34-8-104 — TN Code / Title 34 / Chapter 8 / Section 34-8-104
Communication between courts
Status: in_force

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. Acts 2010, ch. 817, § 1.
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-2-104 — TN Code / Title 34 / Chapter 2 / Section 34-2-104
Petition for appointment - Sworn - Contents
Status: in_force

The petition for the appointment of a guardian, which shall be sworn, should contain the following: (1) The name, date of birth, residence and mailing address of the minor; (2) The name, age, residence and mailing address and relationship of the petitioner; (3) The name, age, mailing address and relationship of the proposed guardian and, if the proposed guardian is other than the petitioner, a statement signed by the proposed guardian acknowledging awareness of the petition and willingness to serve; (4) The name, mailing address and relationship of the closest relative or relatives of the minor and the name and mailing address of the present custodian of the minor who should be notified of the proceedings. If the respondent has no then living parent or sibling, the petition shall so state and more remote relatives are not to be listed; (5) An explanation of the reason for seeking appointment of a guardian; and (6) If the petition requests the guardian manage the property of the respondent, the petition also shall contain: (A) If the financial information about the minor is known to the petitioner: (i) A list of the property of the minor together with the approximate fair market value of each item. The petitioner shall state whether the property listed is all of the minor's property; (ii) A list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue received by the minor; (iii) A list of the usual monthly expenses of the minor. The petitioner shall include an explanation of how these expenditures were met prior to the filing of the petition; and (iv) A description of the proposed plan for the management of the minor's property if a guardian is appointed; or (B) If the financial information about the minor is unknown to the petitioner, a request that the court enter an order authorizing the petitioner to investigate the respondent's property. Acts 1992, ch. 794, § 37; T.C.A. §34-12-104; Acts 2003 , ch. 35, § 1.
The petition for the appointment of a guardian, which shall be sworn, should contain the following:
(1) The name, date of birth, residence and mailing address of the minor;
(2) The name, age, residence and mailing address and relationship of the petitioner;
(3) The name, age, mailing address and relationship of the proposed guardian and, if the proposed guardian is other than the petitioner, a statement signed by the proposed guardian acknowledging awareness of the petition and willingness to serve;
(4) The name, mailing address and relationship of the closest relative or relatives of the minor and the name and mailing address of the present custodian of the minor who should be notified of the proceedings. If the respondent has no then living parent or sibling, the petition shall so state and more remote relatives are not to be listed;
(5) An explanation of the reason for seeking appointment of a guardian; and
(6) If the petition requests the guardian manage the property of the respondent, the petition also shall contain: (A) If the financial information about the minor is known to the petitioner: (i) A list of the property of the minor together with the approximate fair market value of each item. The petitioner shall state whether the property listed is all of the minor's property; (ii) A list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue received by the minor; (iii) A list of the usual monthly expenses of the minor. The petitioner shall include an explanation of how these expenditures were met prior to the filing of the petition; and (iv) A description of the proposed plan for the management of the minor's property if a guardian is appointed; or (B) If the financial information about the minor is unknown to the petitioner, a request that the court enter an order authorizing the petitioner to investigate the respondent's property.
(A) If the financial information about the minor is known to the petitioner: (i) A list of the property of the minor together with the approximate fair market value of each item. The petitioner shall state whether the property listed is all of the minor's property; (ii) A list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue received by the minor; (iii) A list of the usual monthly expenses of the minor. The petitioner shall include an explanation of how these expenditures were met prior to the filing of the petition; and (iv) A description of the proposed plan for the management of the minor's property if a guardian is appointed; or
(i) A list of the property of the minor together with the approximate fair market value of each item. The petitioner shall state whether the property listed is all of the minor's property;
(ii) A list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue received by the minor;
(iii) A list of the usual monthly expenses of the minor. The petitioner shall include an explanation of how these expenditures were met prior to the filing of the petition; and
(iv) A description of the proposed plan for the management of the minor's property if a guardian is appointed; or
(B) If the financial information about the minor is unknown to the petitioner, a request that the court enter an order authorizing the petitioner to investigate the respondent's property.
Acts 1992, ch. 794, § 37; T.C.A. §34-12-104; Acts 2003 , ch. 35, § 1.
Tenn. Code Ann. § 34-5-112 — TN Code / Title 34 / Chapter 5 / Section 34-5-112
Failure to account or furnish copies - Penalty
Status: in_force

If any guardian fails to file with the court any account as required by this chapter, or by an order of the court, when any account is due or within thirty (30) days after citation issues as provided by law, or fails to furnish the veterans administration a true copy of any account, petition or pleading, as required by this chapter, this failure may in the discretion of the court be grounds for the guardian's removal. Acts 1943, ch. 90, § 11; C. Supp. 1950, § 8558.12 (Williams, §8550); T.C.A. (orig. ed.), § 34-912.
If any guardian fails to file with the court any account as required by this chapter, or by an order of the court, when any account is due or within thirty (30) days after citation issues as provided by law, or fails to furnish the veterans administration a true copy of any account, petition or pleading, as required by this chapter, this failure may in the discretion of the court be grounds for the guardian's removal.
Acts 1943, ch. 90, § 11; C. Supp. 1950, § 8558.12 (Williams, §8550); T.C.A. (orig. ed.), § 34-912.
Tenn. Code Ann. § 34-6-307 — TN Code / Title 34 / Chapter 6 / Section 34-6-307
Contravening decision by parent
Status: in_force

The decision of a caregiver to consent to or to refuse medical, dental, or mental health care for a minor child shall be superseded by any contravening decision of the parent having legal custody of the minor child; provided, however, that the decision of the parent does not jeopardize the life, health, or safety of the minor child. If at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any healthcare decisions for the minor child, then the parent must revoke the power of attorney for care of a minor child and provide the health care provider written documentation of the revocation. Acts 2003, ch. 71, § 1.
The decision of a caregiver to consent to or to refuse medical, dental, or mental health care for a minor child shall be superseded by any contravening decision of the parent having legal custody of the minor child; provided, however, that the decision of the parent does not jeopardize the life, health, or safety of the minor child. If at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any healthcare decisions for the minor child, then the parent must revoke the power of attorney for care of a minor child and provide the health care provider written documentation of the revocation.
Acts 2003, ch. 71, § 1.
Tenn. Code Ann. § 34-5-104 — TN Code / Title 34 / Chapter 5 / Section 34-5-104
Appointment of guardian when necessary prior to payment of benefits
Status: in_force

Whenever, pursuant to any law of the United States or regulation of the veterans administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in §§ 34-5-106 - 34-5-110. Acts 1943, ch. 90, § 3; C. Supp. 1950, § 8558.4 (Williams, §8542); T.C.A. (orig. ed.), § 34-904.
Whenever, pursuant to any law of the United States or regulation of the veterans administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in §§ 34-5-106 - 34-5-110.
Acts 1943, ch. 90, § 3; C. Supp. 1950, § 8558.4 (Williams, §8542); T.C.A. (orig. ed.), § 34-904.
Tenn. Code Ann. § 34-8-202 — TN Code / Title 34 / Chapter 8 / Section 34-8-202
Exclusive basis
Status: in_force

It is the intent of this part to supplement any provisions of the Tennessee Adult Protection Act (the Act), compiled in title 71, chapter 6, part 1, to provide a basis for determining jurisdiction between this state and other states or foreign countries in any cases involving the protection of an adult by the courts of different states or countries. Notwithstanding the appointment of a guardian or conservator under this part, or under this title or any other provision of law, nothing in this title shall supersede the provisions of the Act, providing for the protection of vulnerable adults in need of protective services as defined in the Act, the authority of the department of human services under the Act to investigate cases of an adult who may be in need of protective services and to provide such services, or the jurisdiction of the court under the Act to order the provision of protective services or the establishment of a temporary guardian appointed by the court to secure and disburse the adult's property to fund such services. The court's orders under the Act shall supersede and suspend any orders entered under this title or any other law that addresses the protection, custody, including emergency temporary custody, of the adult or the disposition of property necessary to fund protective services for the adult under the Act; provided, however, that the ultimate determination of the jurisdiction of this state or another state or foreign country to enter orders for the adult's personal protection and financial welfare shall be determined under the jurisdictional provisions of this part. Acts 2010, ch. 817, § 1.
It is the intent of this part to supplement any provisions of the Tennessee Adult Protection Act (the Act), compiled in title 71, chapter 6, part 1, to provide a basis for determining jurisdiction between this state and other states or foreign countries in any cases involving the protection of an adult by the courts of different states or countries. Notwithstanding the appointment of a guardian or conservator under this part, or under this title or any other provision of law, nothing in this title shall supersede the provisions of the Act, providing for the protection of vulnerable adults in need of protective services as defined in the Act, the authority of the department of human services under the Act to investigate cases of an adult who may be in need of protective services and to provide such services, or the jurisdiction of the court under the Act to order the provision of protective services or the establishment of a temporary guardian appointed by the court to secure and disburse the adult's property to fund such services. The court's orders under the Act shall supersede and suspend any orders entered under this title or any other law that addresses the protection, custody, including emergency temporary custody, of the adult or the disposition of property necessary to fund protective services for the adult under the Act; provided, however, that the ultimate determination of the jurisdiction of this state or another state or foreign country to enter orders for the adult's personal protection and financial welfare shall be determined under the jurisdictional provisions of this part.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-1-129 — TN Code / Title 34 / Chapter 1 / Section 34-1-129
Letters of conservatorship or guardianship - Limited
Status: in_force

Upon the entry of the order appointing a fiduciary and the submission of a bond consistent with the order, the clerk shall issue letters of conservatorship or letters of guardianship. The letters of conservatorship or guardianship shall either: (1) Recite the specific powers removed from the minor or person with a disability and transferred to the fiduciary; or (2) Have attached to them the order or orders of the court specifying the powers removed from the minor or person with a disability and transferred to the fiduciary. If the fiduciary has been granted less than full authority over the person and property of the minor or person with a disability in the order of appointment, the clerk shall mark the letters prominently with the term "LIMITED". Amended by 2013 Tenn. Acts, ch. 435,s 23, eff. 7/1/2013. Acts 1992, ch. 794, § 30; T.C.A. § 34-11-129.
Upon the entry of the order appointing a fiduciary and the submission of a bond consistent with the order, the clerk shall issue letters of conservatorship or letters of guardianship. The letters of conservatorship or guardianship shall either:
(1) Recite the specific powers removed from the minor or person with a disability and transferred to the fiduciary; or
(2) Have attached to them the order or orders of the court specifying the powers removed from the minor or person with a disability and transferred to the fiduciary. If the fiduciary has been granted less than full authority over the person and property of the minor or person with a disability in the order of appointment, the clerk shall mark the letters prominently with the term "LIMITED".
Amended by 2013 Tenn. Acts, ch. 435,s 23, eff. 7/1/2013.
Acts 1992, ch. 794, § 30; T.C.A. § 34-11-129.
Tenn. Code Ann. § 34-8-301 — TN Code / Title 34 / Chapter 8 / Section 34-8-301
Transfer of guardianship or conservatorship to another state
Status: in_force

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator. (c) On the court's own motion or on request of the guardian or conservator, the disabled person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a). (d) The court shall issue an order provisionally granting a petition to transfer a conservatorship or guardianship and shall direct the conservator or guardian to petition for conservatorship or guardianship in the other state if the court is satisfied that the conservatorship or guardianship will be accepted by the court in the other state and the court finds that: (1) The disabled person or minor is physically present in or is reasonably expected to move permanently to the other state; (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the disabled person or minor; and (3) Plans for care and services for the disabled person or minor in the other state are reasonable and sufficient. (e) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of: (1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to § 34-8-302 ; and (2) The documents required to terminate a guardianship or conservatorship in this state. Acts 2010, ch. 817, § 1.
(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(c) On the court's own motion or on request of the guardian or conservator, the disabled person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d) The court shall issue an order provisionally granting a petition to transfer a conservatorship or guardianship and shall direct the conservator or guardian to petition for conservatorship or guardianship in the other state if the court is satisfied that the conservatorship or guardianship will be accepted by the court in the other state and the court finds that: (1) The disabled person or minor is physically present in or is reasonably expected to move permanently to the other state; (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the disabled person or minor; and (3) Plans for care and services for the disabled person or minor in the other state are reasonable and sufficient.
(1) The disabled person or minor is physically present in or is reasonably expected to move permanently to the other state;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the disabled person or minor; and
(3) Plans for care and services for the disabled person or minor in the other state are reasonable and sufficient.
(e) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of: (1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to § 34-8-302 ; and (2) The documents required to terminate a guardianship or conservatorship in this state.
(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to § 34-8-302 ; and
(2) The documents required to terminate a guardianship or conservatorship in this state.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-5-119 — TN Code / Title 34 / Chapter 5 / Section 34-5-119
Discharge of guardian and release of sureties
Status: in_force

In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the veterans administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the veterans administration upon examination in accordance with law, shall be prima facie evidence that the ward has attained majority, or has recovered competency. Upon hearing after notice as provided by this chapter and the determination by the court that the ward has attained majority or has recovered competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the veterans administration as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due the ward from the guardian, the guardian shall be discharged and the guardian's sureties released. Acts 1943, ch. 90, § 17; C. Supp. 1950, § 8558.19 (Williams, §8556); T.C.A. (orig. ed.), § 34-919.
In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the veterans administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the veterans administration upon examination in accordance with law, shall be prima facie evidence that the ward has attained majority, or has recovered competency. Upon hearing after notice as provided by this chapter and the determination by the court that the ward has attained majority or has recovered competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the veterans administration as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due the ward from the guardian, the guardian shall be discharged and the guardian's sureties released.
Acts 1943, ch. 90, § 17; C. Supp. 1950, § 8558.19 (Williams, §8556); T.C.A. (orig. ed.), § 34-919.
Tenn. Code Ann. § 34-5-113 — TN Code / Title 34 / Chapter 5 / Section 34-5-113
Compensation of guardians
Status: in_force

Compensation payable to guardians shall be based upon services rendered and shall not exceed seven percent (7%) of the amount of moneys received during the period covered by the account; provided, that the court may approve compensation of not to exceed two hundred fifty dollars ($250) per year in any case in which seven percent (7%) of the income is less than that amount and does not, in the opinion of the court, adequately compensate the guardian for the services rendered during the year. In the event of extraordinary services by any guardian, the court, upon petition and hearing on the petition, may authorize reasonable additional compensation for those services. A copy of the petition and notice of hearing on the petition shall be given to the proper office of the veterans administration in the manner provided in the case of hearing on a guardian's account or other pleading. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian, nor upon the principal amount received from liquidation of loans, or from other investments. Acts 1943, ch. 90, § 12; C. Supp. 1950, § 8558.13 (Williams, §8551); Acts 1963, ch. 221, § 1; T.C.A. (orig. ed.), § 34-913; Acts 1987, ch. 322, § 17.
Compensation payable to guardians shall be based upon services rendered and shall not exceed seven percent (7%) of the amount of moneys received during the period covered by the account; provided, that the court may approve compensation of not to exceed two hundred fifty dollars ($250) per year in any case in which seven percent (7%) of the income is less than that amount and does not, in the opinion of the court, adequately compensate the guardian for the services rendered during the year. In the event of extraordinary services by any guardian, the court, upon petition and hearing on the petition, may authorize reasonable additional compensation for those services. A copy of the petition and notice of hearing on the petition shall be given to the proper office of the veterans administration in the manner provided in the case of hearing on a guardian's account or other pleading. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian, nor upon the principal amount received from liquidation of loans, or from other investments.
Acts 1943, ch. 90, § 12; C. Supp. 1950, § 8558.13 (Williams, §8551); Acts 1963, ch. 221, § 1; T.C.A. (orig. ed.), § 34-913; Acts 1987, ch. 322, § 17.
Tenn. Code Ann. § 34-1-130 — TN Code / Title 34 / Chapter 1 / Section 34-1-130
Forms or instructions - Inventory, receipts and expenditures
Status: in_force

The clerk may prescribe forms or instructions as to the manner in which a fiduciary may render its inventory, receipts, and expenditures. Acts 1992, ch. 794, § 31; T.C.A. § 34-11-130.
The clerk may prescribe forms or instructions as to the manner in which a fiduciary may render its inventory, receipts, and expenditures.
Acts 1992, ch. 794, § 31; T.C.A. § 34-11-130.
Tenn. Code Ann. § 34-6-401 — TN Code / Title 34 / Chapter 6 / Section 34-6-401
Part definitions
Status: in_force

As used in this part: (1) "Health care" has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18; (2) "Health care decisions" has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act; (3) "Health care institution" has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act; (4) "Health care provider" has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act; (5) "In loco parentis" means "in the place of a parent" and refers to the legal responsibility taken by a person or organization to assume some of the functions and responsibilities of a parent or legal guardian; and (6) "Reasonably available" has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act. Added by 2014 Tenn. Acts, ch. 696,s 2, eff. 7/1/2014.
As used in this part:
(1) "Health care" has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18;
(2) "Health care decisions" has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act;
(3) "Health care institution" has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act;
(4) "Health care provider" has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act;
(5) "In loco parentis" means "in the place of a parent" and refers to the legal responsibility taken by a person or organization to assume some of the functions and responsibilities of a parent or legal guardian; and
(6) "Reasonably available" has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act.
Added by 2014 Tenn. Acts, ch. 696,s 2, eff. 7/1/2014.
Tenn. Code Ann. § 34-6-210 — TN Code / Title 34 / Chapter 6 / Section 34-6-210
Principal's objection to withholding or withdrawal of care
Status: in_force

Nothing in this part authorizes an attorney in fact to consent to the withholding or withdrawal of health care necessary to keep the principal alive, if the principal objects to the withholding or withdrawal of the health care. In that instance, that health care decision shall be governed by the law that would apply if there were no durable power of attorney for health care; however, with respect to other and subsequent health care decisions, the durable power of attorney for health care shall remain in effect unless expressly revoked as provided in § 34-6-207 . Acts 1990, ch. 831, § 10.
Nothing in this part authorizes an attorney in fact to consent to the withholding or withdrawal of health care necessary to keep the principal alive, if the principal objects to the withholding or withdrawal of the health care. In that instance, that health care decision shall be governed by the law that would apply if there were no durable power of attorney for health care; however, with respect to other and subsequent health care decisions, the durable power of attorney for health care shall remain in effect unless expressly revoked as provided in § 34-6-207 .
Acts 1990, ch. 831, § 10.
Tenn. Code Ann. § 34-6-405 — TN Code / Title 34 / Chapter 6 / Section 34-6-405
Immunity from liability for person standing in loco parentis
Status: in_force

Except for acts of willful misconduct or gross negligence, a person standing in loco parentis who makes health care decisions for an unemancipated minor shall not be liable for damages arising from providing consent to such health care. Acts 2014, ch. 696, § 2.
Except for acts of willful misconduct or gross negligence, a person standing in loco parentis who makes health care decisions for an unemancipated minor shall not be liable for damages arising from providing consent to such health care.
Acts 2014, ch. 696, § 2.
Tenn. Code Ann. § 34-6-107 — TN Code / Title 34 / Chapter 6 / Section 34-6-107
Fiduciary relationship of attorney in fact with the principal
Status: in_force

An attorney in fact is in a fiduciary relationship with the principal, but only to the extent that the attorney in fact undertakes to act under the power of attorney. Among the fiduciary duties required by law, an attorney in fact has a duty to adequately account to the principal, or to any legal representative of the principal appointed by the principal or by a court, for actions taken by the attorney in fact in the exercise of the power of attorney. It is the intent of the general assembly that this section have retroactive application. Acts 2007, ch. 8, § 9.
An attorney in fact is in a fiduciary relationship with the principal, but only to the extent that the attorney in fact undertakes to act under the power of attorney. Among the fiduciary duties required by law, an attorney in fact has a duty to adequately account to the principal, or to any legal representative of the principal appointed by the principal or by a court, for actions taken by the attorney in fact in the exercise of the power of attorney. It is the intent of the general assembly that this section have retroactive application.
Acts 2007, ch. 8, § 9.
Tenn. Code Ann. § 34-6-108 — TN Code / Title 34 / Chapter 6 / Section 34-6-108
Incorporation of statutory attorney in fact - Powers by reference
Status: in_force

(a) Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in § 34-6-109 may be incorporated into the power of attorney by appropriate reference. The provisions so incorporated shall apply to the attorney in fact with the same effect and subject to the same judicial interpretation and control in appropriate cases, as though the language were set forth verbatim in such instrument. (b) Nothing contained in this section and § 34-6-109 shall be construed to limit the power of the principal either to: (1) Grant any additional powers to the attorney in fact, including any powers otherwise excluded under subsection (c); or (2) Delete any of the powers otherwise granted in § 34-6-109 . (c) Nothing contained in this section and § 34-6-109 shall be construed to vest an attorney in fact with, or authorize an attorney in fact to exercise, any of the following powers: (1) Make gifts, grants, or other transfers without consideration, except in fulfillment of charitable pledges made by the principal while competent; (2) Exercise any powers of revocation, amendment, or appointment that the principal may have over the income or principal of any trust; (3) Act on behalf of the principal in connection with any fiduciary position held by the principal, except to renounce or resign the position; (4) Exercise any incidents of ownership on any life insurance policies owned by the principal on the life of the attorney in fact; (5) Change beneficiary designations on any death benefits payable on account of the death of the principal from any life insurance policy, employee benefit plan, or individual retirement account; (6) Change, add or delete any right of survivorship designation on any property, real or personal, to which the principal holds title, alone or with others; (7) Renounce or disclaim any property or interest in property or powers to which the principal may become entitled, whether by gift or testate or intestate succession; (8) Exercise any right, or refuse, release or abandon any right, to claim an elective share in any estate or under any will; or (9) Make any decisions regarding medical treatments or health care, except as incidental to decisions regarding property and finances. (d) Nothing contained in this section and § 34-6-109 shall be construed to limit the power of a court of competent jurisdiction to prohibit an attorney in fact from taking any action, or to restrain an attorney in fact in the taking of any action, notwithstanding the authorizations or powers vested in the attorney in fact by any written instrument into which all or any part of § 34-6-109 is incorporated by reference. Acts 1991, ch. 197, § 2.
(a) Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in § 34-6-109 may be incorporated into the power of attorney by appropriate reference. The provisions so incorporated shall apply to the attorney in fact with the same effect and subject to the same judicial interpretation and control in appropriate cases, as though the language were set forth verbatim in such instrument.
(b) Nothing contained in this section and § 34-6-109 shall be construed to limit the power of the principal either to: (1) Grant any additional powers to the attorney in fact, including any powers otherwise excluded under subsection (c); or (2) Delete any of the powers otherwise granted in § 34-6-109 .
(1) Grant any additional powers to the attorney in fact, including any powers otherwise excluded under subsection (c); or
(2) Delete any of the powers otherwise granted in § 34-6-109 .
(c) Nothing contained in this section and § 34-6-109 shall be construed to vest an attorney in fact with, or authorize an attorney in fact to exercise, any of the following powers: (1) Make gifts, grants, or other transfers without consideration, except in fulfillment of charitable pledges made by the principal while competent; (2) Exercise any powers of revocation, amendment, or appointment that the principal may have over the income or principal of any trust; (3) Act on behalf of the principal in connection with any fiduciary position held by the principal, except to renounce or resign the position; (4) Exercise any incidents of ownership on any life insurance policies owned by the principal on the life of the attorney in fact; (5) Change beneficiary designations on any death benefits payable on account of the death of the principal from any life insurance policy, employee benefit plan, or individual retirement account; (6) Change, add or delete any right of survivorship designation on any property, real or personal, to which the principal holds title, alone or with others; (7) Renounce or disclaim any property or interest in property or powers to which the principal may become entitled, whether by gift or testate or intestate succession; (8) Exercise any right, or refuse, release or abandon any right, to claim an elective share in any estate or under any will; or (9) Make any decisions regarding medical treatments or health care, except as incidental to decisions regarding property and finances.
(1) Make gifts, grants, or other transfers without consideration, except in fulfillment of charitable pledges made by the principal while competent;
(2) Exercise any powers of revocation, amendment, or appointment that the principal may have over the income or principal of any trust;
(3) Act on behalf of the principal in connection with any fiduciary position held by the principal, except to renounce or resign the position;
(4) Exercise any incidents of ownership on any life insurance policies owned by the principal on the life of the attorney in fact;
(5) Change beneficiary designations on any death benefits payable on account of the death of the principal from any life insurance policy, employee benefit plan, or individual retirement account;
(6) Change, add or delete any right of survivorship designation on any property, real or personal, to which the principal holds title, alone or with others;
(7) Renounce or disclaim any property or interest in property or powers to which the principal may become entitled, whether by gift or testate or intestate succession;
(8) Exercise any right, or refuse, release or abandon any right, to claim an elective share in any estate or under any will; or
(9) Make any decisions regarding medical treatments or health care, except as incidental to decisions regarding property and finances.
(d) Nothing contained in this section and § 34-6-109 shall be construed to limit the power of a court of competent jurisdiction to prohibit an attorney in fact from taking any action, or to restrain an attorney in fact in the taking of any action, notwithstanding the authorizations or powers vested in the attorney in fact by any written instrument into which all or any part of § 34-6-109 is incorporated by reference.
Acts 1991, ch. 197, § 2.
Tenn. Code Ann. § 34-2-103 — TN Code / Title 34 / Chapter 2 / Section 34-2-103
Priority of persons to be considered
Status: in_force

Subject to the court's determination of what is in the best interests of the minor, the court shall consider the following persons in the order listed for appointment of the guardian: (1) The parent or parents of the minor; (2) The person or persons designated by the parent or parents in a will or other written document; (3) Adult siblings of the minor; (4) Closest relative or relatives of the minor; and (5) Other person or persons. Acts 1992, ch. 794, § 36; T.C.A. § 34-12-103.
Subject to the court's determination of what is in the best interests of the minor, the court shall consider the following persons in the order listed for appointment of the guardian:
(1) The parent or parents of the minor;
(2) The person or persons designated by the parent or parents in a will or other written document;
(3) Adult siblings of the minor;
(4) Closest relative or relatives of the minor; and
(5) Other person or persons.
Acts 1992, ch. 794, § 36; T.C.A. § 34-12-103.
Tenn. Code Ann. § 34-3-105 — TN Code / Title 34 / Chapter 3 / Section 34-3-105
Examination, physical, psychological or otherwise, of respondent - Confidentiality
Status: in_force

(a) If the respondent has been examined not more that ninety (90) days prior to the filing of the petition and the examination is pertinent, then the examination report must be submitted with the petition. If the respondent has not been examined within ninety (90) days of the filing of the petition, cannot get out to be examined, or refuses to be voluntarily examined, then the court shall order the respondent to submit to examination by an examiner identified in the petition or, if no examiner is identified in the petition, by an examiner selected by the court. The examiner on completing the examination shall send the examination report to the court with copies to the petitioner and the guardian ad litem, if one has been appointed. The examiner's examination report must be sworn. (b) On motion by the petitioner, the respondent, the adversary counsel, the guardian ad litem, if one has been appointed, or on its own initiative, the court may order the respondent to submit to examination by an examiner or other specialists who have expertise in the specific disability of the respondent. The examiner or other specialist shall send the sworn examination report to the court with copies to the petitioner and the guardian ad litem, if one has been appointed. The court may assess the cost of the second examination against the property of the respondent or against the person requesting the examination report. (c) Each sworn examination report must contain the following: (1) The respondent's medical history; provided, that this subdivision (c)(1) shall not be construed to expand the examiner's scope of practice; (2) A description of the nature and type of the respondent's disability; (3) An opinion as to whether a conservator is needed and the type and scope of the conservator with specific statement of the reasons for the recommendation of conservatorship; and (4) Any other matters as the court deems necessary or advisable. (d) The sworn examination report shall be prima facie evidence of the respondent's disability and need for the appointment of a fiduciary unless the report is contested and found to be in error. (e) If upon an additional finding that the person with a disability poses a threat to self or others in accordance with the mental health law, title 33, a court of competent jurisdiction may order a commitment to involuntary care and treatment. (f) Reports and documents prepared under this section are confidential and are not open for inspection by the public. However, this section does not: (1) Limit the respondent or the respondent's agent or attorney from having access to any such reports or documents about the respondent; or (2) Prohibit an investigative body from accessing any such reports or documents as authorized or required by law. (g) As used in this section: (1) "Examination report" means the written report by the examiner of the evaluation of the respondent; (2) "Examine" means the respondent has been evaluated by an examiner; (3) "Examiner" means a physician, psychologist, or senior psychological examiner; and (4) "Sworn" means sworn before a notary public or declared under penalty of perjury as set forth in Tennessee Rules of Civil Procedure, Rule 72. Amended by 2024 Tenn. Acts, ch. 630,s 4, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 630,s 3, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 630,s 2, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 630,s 1, eff. 3/27/2024. Amended by 2021 Tenn. Acts, ch. 305, s 3, eff. 5/4/2021. Amended by 2013 Tenn. Acts, ch. 435, s 27, eff. 7/1/2013. Acts 1992, ch. 794, § 45; T.C.A. §34-13-105; Acts 2012 , ch. 807, § 2.
(a) If the respondent has been examined not more that ninety (90) days prior to the filing of the petition and the examination is pertinent, then the examination report must be submitted with the petition. If the respondent has not been examined within ninety (90) days of the filing of the petition, cannot get out to be examined, or refuses to be voluntarily examined, then the court shall order the respondent to submit to examination by an examiner identified in the petition or, if no examiner is identified in the petition, by an examiner selected by the court. The examiner on completing the examination shall send the examination report to the court with copies to the petitioner and the guardian ad litem, if one has been appointed. The examiner's examination report must be sworn.
(b) On motion by the petitioner, the respondent, the adversary counsel, the guardian ad litem, if one has been appointed, or on its own initiative, the court may order the respondent to submit to examination by an examiner or other specialists who have expertise in the specific disability of the respondent. The examiner or other specialist shall send the sworn examination report to the court with copies to the petitioner and the guardian ad litem, if one has been appointed. The court may assess the cost of the second examination against the property of the respondent or against the person requesting the examination report.
(c) Each sworn examination report must contain the following: (1) The respondent's medical history; provided, that this subdivision (c)(1) shall not be construed to expand the examiner's scope of practice; (2) A description of the nature and type of the respondent's disability; (3) An opinion as to whether a conservator is needed and the type and scope of the conservator with specific statement of the reasons for the recommendation of conservatorship; and (4) Any other matters as the court deems necessary or advisable.
(1) The respondent's medical history; provided, that this subdivision (c)(1) shall not be construed to expand the examiner's scope of practice;
(2) A description of the nature and type of the respondent's disability;
(3) An opinion as to whether a conservator is needed and the type and scope of the conservator with specific statement of the reasons for the recommendation of conservatorship; and
(4) Any other matters as the court deems necessary or advisable.
(d) The sworn examination report shall be prima facie evidence of the respondent's disability and need for the appointment of a fiduciary unless the report is contested and found to be in error.
(e) If upon an additional finding that the person with a disability poses a threat to self or others in accordance with the mental health law, title 33, a court of competent jurisdiction may order a commitment to involuntary care and treatment.
(f) Reports and documents prepared under this section are confidential and are not open for inspection by the public. However, this section does not: (1) Limit the respondent or the respondent's agent or attorney from having access to any such reports or documents about the respondent; or (2) Prohibit an investigative body from accessing any such reports or documents as authorized or required by law.
(1) Limit the respondent or the respondent's agent or attorney from having access to any such reports or documents about the respondent; or
(2) Prohibit an investigative body from accessing any such reports or documents as authorized or required by law.
(g) As used in this section: (1) "Examination report" means the written report by the examiner of the evaluation of the respondent; (2) "Examine" means the respondent has been evaluated by an examiner; (3) "Examiner" means a physician, psychologist, or senior psychological examiner; and (4) "Sworn" means sworn before a notary public or declared under penalty of perjury as set forth in Tennessee Rules of Civil Procedure, Rule 72.
(1) "Examination report" means the written report by the examiner of the evaluation of the respondent;
(2) "Examine" means the respondent has been evaluated by an examiner;
(3) "Examiner" means a physician, psychologist, or senior psychological examiner; and
(4) "Sworn" means sworn before a notary public or declared under penalty of perjury as set forth in Tennessee Rules of Civil Procedure, Rule 72.
Amended by 2024 Tenn. Acts, ch. 630,s 4, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 630,s 3, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 630,s 2, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 630,s 1, eff. 3/27/2024.
Amended by 2021 Tenn. Acts, ch. 305, s 3, eff. 5/4/2021.
Amended by 2013 Tenn. Acts, ch. 435, s 27, eff. 7/1/2013.
Acts 1992, ch. 794, § 45; T.C.A. §34-13-105; Acts 2012 , ch. 807, § 2.
Tenn. Code Ann. § 34-7-101 — TN Code / Title 34 / Chapter 7 / Section 34-7-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Public Guardianship for the Elderly Law." Acts 1986, ch. 895, § 1.
This chapter shall be known and may be cited as the "Public Guardianship for the Elderly Law."
Acts 1986, ch. 895, § 1.
Tenn. Code Ann. § 34-3-103 — TN Code / Title 34 / Chapter 3 / Section 34-3-103
Priority of persons to be considered for appointment
Status: in_force

Subject to the court's determination of what is in the best interests of the person with a disability, the court shall consider the following persons in the order listed for appointment of the conservator: (1) The person or persons designated in a writing signed by the alleged person with a disability; (2) The spouse of the person with a disability; (3) Any child of the person with a disability; (4) Closest relative or relatives of the person with a disability; (5) A district public guardian as described by § 34-7-104 ; and (6) Other person or persons. Amended by 2013 Tenn. Acts, ch. 435,s 36, eff. 7/1/2013. Acts 1992, ch. 794, § 43; T.C.A. § 34-13-103.
Subject to the court's determination of what is in the best interests of the person with a disability, the court shall consider the following persons in the order listed for appointment of the conservator:
(1) The person or persons designated in a writing signed by the alleged person with a disability;
(2) The spouse of the person with a disability;
(3) Any child of the person with a disability;
(4) Closest relative or relatives of the person with a disability;
(5) A district public guardian as described by § 34-7-104 ; and
(6) Other person or persons.
Amended by 2013 Tenn. Acts, ch. 435,s 36, eff. 7/1/2013.
Acts 1992, ch. 794, § 43; T.C.A. § 34-13-103.
Tenn. Code Ann. § 34-6-203 — TN Code / Title 34 / Chapter 6 / Section 34-6-203
Requirements
Status: in_force

(a) An attorney in fact under a durable power of attorney for health care may not make health care decisions unless all of the following requirements are satisfied: (1) The durable power of attorney for health care specifically authorizes the attorney in the fact to make health care decisions; (2) The durable power of attorney for health care contains the date of its execution; and (3) The durable power of attorney for health care must be in writing and signed by the principal. The durable power of attorney for health care is valid if the principal's signature is either attested by a notary public with no witnesses or witnessed by two (2) witnesses without attestation by a notary public. A witness is a competent adult, who is not the agent, and at least one (1) of whom is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the durable power of attorney for health care or by operation of law then existing. The durable power of attorney for health care shall contain an attestation clause that attests to the witnesses' compliance with the requirements of this subdivision (a)(3). It is the intent of the general assembly that this subdivision (a)(3) have retroactive application. (b) Except as provided in subsection (d): (1) Neither the treating health care provider nor an employee of the treating health care provider, nor an operator of a treating health care institution nor an employee of an operator of a treating health care institution may be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care; and (2) A health care provider or employee of a health care provider may not act as an attorney in fact to make health care decisions if the health care provider becomes the principal's treating health care provider. (c) A conservator may not be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care executed by a person who is a conservatee under the laws of this state where the conservatee has the power to execute legal documents, unless: (1) The power of attorney is otherwise valid; (2) The conservatee is represented by legal counsel; and (3) The attorney representing the conservatee signs a certificate stating in substance: I am an attorney authorized to practice law in the state where this power of attorney was executed, and the principal was my client at the time this power of attorney was executed. I have advised my client concerning my client's rights in connection with this power of attorney and the applicable law, and the consequences of signing or not signing this power of attorney, and my client, after being so advised, has executed this durable power of attorney for health care. (d) An employee of the treating health care provider or an employee of an operator of a treating health care institution may be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care if: (1) The employee so designated is a relative of the principal by blood, marriage or adoption; and (2) The other requirements of this part are satisfied. Amended by 2013 Tenn. Acts, ch. 215,s 1, eff. 7/1/2013. Acts 1990, ch. 831, § 4; 1991, ch. 344, § 10; 1995, ch. 177, § 3; 2007, ch. 8, §§ 5, 6.
(a) An attorney in fact under a durable power of attorney for health care may not make health care decisions unless all of the following requirements are satisfied: (1) The durable power of attorney for health care specifically authorizes the attorney in the fact to make health care decisions; (2) The durable power of attorney for health care contains the date of its execution; and (3) The durable power of attorney for health care must be in writing and signed by the principal. The durable power of attorney for health care is valid if the principal's signature is either attested by a notary public with no witnesses or witnessed by two (2) witnesses without attestation by a notary public. A witness is a competent adult, who is not the agent, and at least one (1) of whom is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the durable power of attorney for health care or by operation of law then existing. The durable power of attorney for health care shall contain an attestation clause that attests to the witnesses' compliance with the requirements of this subdivision (a)(3). It is the intent of the general assembly that this subdivision (a)(3) have retroactive application.
(1) The durable power of attorney for health care specifically authorizes the attorney in the fact to make health care decisions;
(2) The durable power of attorney for health care contains the date of its execution; and
(3) The durable power of attorney for health care must be in writing and signed by the principal. The durable power of attorney for health care is valid if the principal's signature is either attested by a notary public with no witnesses or witnessed by two (2) witnesses without attestation by a notary public. A witness is a competent adult, who is not the agent, and at least one (1) of whom is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the durable power of attorney for health care or by operation of law then existing. The durable power of attorney for health care shall contain an attestation clause that attests to the witnesses' compliance with the requirements of this subdivision (a)(3). It is the intent of the general assembly that this subdivision (a)(3) have retroactive application.
(b) Except as provided in subsection (d): (1) Neither the treating health care provider nor an employee of the treating health care provider, nor an operator of a treating health care institution nor an employee of an operator of a treating health care institution may be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care; and (2) A health care provider or employee of a health care provider may not act as an attorney in fact to make health care decisions if the health care provider becomes the principal's treating health care provider.
(1) Neither the treating health care provider nor an employee of the treating health care provider, nor an operator of a treating health care institution nor an employee of an operator of a treating health care institution may be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care; and
(2) A health care provider or employee of a health care provider may not act as an attorney in fact to make health care decisions if the health care provider becomes the principal's treating health care provider.
(c) A conservator may not be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care executed by a person who is a conservatee under the laws of this state where the conservatee has the power to execute legal documents, unless: (1) The power of attorney is otherwise valid; (2) The conservatee is represented by legal counsel; and (3) The attorney representing the conservatee signs a certificate stating in substance: I am an attorney authorized to practice law in the state where this power of attorney was executed, and the principal was my client at the time this power of attorney was executed. I have advised my client concerning my client's rights in connection with this power of attorney and the applicable law, and the consequences of signing or not signing this power of attorney, and my client, after being so advised, has executed this durable power of attorney for health care.
(1) The power of attorney is otherwise valid;
(2) The conservatee is represented by legal counsel; and
(3) The attorney representing the conservatee signs a certificate stating in substance: I am an attorney authorized to practice law in the state where this power of attorney was executed, and the principal was my client at the time this power of attorney was executed. I have advised my client concerning my client's rights in connection with this power of attorney and the applicable law, and the consequences of signing or not signing this power of attorney, and my client, after being so advised, has executed this durable power of attorney for health care.
I am an attorney authorized to practice law in the state where this power of attorney was executed, and the principal was my client at the time this power of attorney was executed. I have advised my client concerning my client's rights in connection with this power of attorney and the applicable law, and the consequences of signing or not signing this power of attorney, and my client, after being so advised, has executed this durable power of attorney for health care.
(d) An employee of the treating health care provider or an employee of an operator of a treating health care institution may be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care if: (1) The employee so designated is a relative of the principal by blood, marriage or adoption; and (2) The other requirements of this part are satisfied.
(1) The employee so designated is a relative of the principal by blood, marriage or adoption; and
(2) The other requirements of this part are satisfied.
Amended by 2013 Tenn. Acts, ch. 215,s 1, eff. 7/1/2013.
Acts 1990, ch. 831, § 4; 1991, ch. 344, § 10; 1995, ch. 177, § 3; 2007, ch. 8, §§ 5, 6.
Tenn. Code Ann. § 34-6-217 — TN Code / Title 34 / Chapter 6 / Section 34-6-217
Effect and interpretation of durable powers of attorney
Status: in_force

(a) A durable power of attorney for health care entered into before July 1, 2004, under this part shall be given effect and interpreted in accord with this part. (b) A durable power of attorney for health care entered into on or after July 1, 2004, that evidences an intent that it is entered into under this part shall be given effect and interpreted in accord with this part. (c) A durable power of attorney for health care entered into on or after July 1, 2004, that does not evidence an intent that it is entered into under this part may, if it complies with the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18, be given effect as an advance directive under that act. Acts 2004, ch. 862, § 5.
(a) A durable power of attorney for health care entered into before July 1, 2004, under this part shall be given effect and interpreted in accord with this part.
(b) A durable power of attorney for health care entered into on or after July 1, 2004, that evidences an intent that it is entered into under this part shall be given effect and interpreted in accord with this part.
(c) A durable power of attorney for health care entered into on or after July 1, 2004, that does not evidence an intent that it is entered into under this part may, if it complies with the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18, be given effect as an advance directive under that act.
Acts 2004, ch. 862, § 5.
Tenn. Code Ann. § 34-5-122 — TN Code / Title 34 / Chapter 5 / Section 34-5-122
Application of chapter
Status: in_force

The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate," as defined in this chapter, whether the guardian has been appointed under this chapter or under any other law of this state, special or general, prior or subsequent to the enactment of this chapter. Acts 1943, ch. 90, § 23; C. Supp. 1950, § 8558.22 (Williams, § 8558.4); T.C.A. (orig. ed.), § 34-922.
The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate," as defined in this chapter, whether the guardian has been appointed under this chapter or under any other law of this state, special or general, prior or subsequent to the enactment of this chapter.
Acts 1943, ch. 90, § 23; C. Supp. 1950, § 8558.22 (Williams, § 8558.4); T.C.A. (orig. ed.), § 34-922.
Tenn. Code Ann. § 34-6-104 — TN Code / Title 34 / Chapter 6 / Section 34-6-104
Effect of appointment of conservator, guardian or other fiduciary - Nomination by principal
Status: in_force

(a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate or other fiduciary charged with the management of all of the principal's property or all of the principal's property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated. (b) A principal may nominate, by a durable power of attorney, the conservator, guardian of the estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification. Acts 1983, ch. 299, § 4; T.C.A., § 34-13-104.
(a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate or other fiduciary charged with the management of all of the principal's property or all of the principal's property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated.
(b) A principal may nominate, by a durable power of attorney, the conservator, guardian of the estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.
Acts 1983, ch. 299, § 4; T.C.A., § 34-13-104.
Tenn. Code Ann. § 34-5-115 — TN Code / Title 34 / Chapter 5 / Section 34-5-115
Time allowed to make investment
Status: in_force

Pending time the investments are being made by the guardian, the guardian shall not be chargeable with interest; provided, that the guardian shall not be allowed more than four (4) months in which to make the investment. If the guardian does not make specified investments in or on the securities named in § 34-5-114 , the guardian shall be charged with the rate of interest, not exceeding six percent (6%) as the court in which the guardianship is pending may determine to be the fair value of the use of money at that time. Acts 1943, ch. 90, § 14; C. Supp. 1950, §8558.15 Williams ( §8552.1); T.C.A. (orig. ed.), § 34-915.
Pending time the investments are being made by the guardian, the guardian shall not be chargeable with interest; provided, that the guardian shall not be allowed more than four (4) months in which to make the investment. If the guardian does not make specified investments in or on the securities named in § 34-5-114 , the guardian shall be charged with the rate of interest, not exceeding six percent (6%) as the court in which the guardianship is pending may determine to be the fair value of the use of money at that time.
Acts 1943, ch. 90, § 14; C. Supp. 1950, §8558.15 Williams ( §8552.1); T.C.A. (orig. ed.), § 34-915.
Tenn. Code Ann. § 34-8-207 — TN Code / Title 34 / Chapter 8 / Section 34-8-207
Jurisdiction declined by reason of conduct
Status: in_force

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a conservator or guardian or issue a protective order because of unjustifiable conduct, the court may: (1) Decline to exercise jurisdiction; (2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (3) Continue to exercise jurisdiction after considering: (A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in § 34-8-206(c) ; and (C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 34-8-203 . (b) If a court of this state determines that it acquired jurisdiction to appoint a conservator or guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter. Acts 2010, ch. 817, § 1.
(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a conservator or guardian or issue a protective order because of unjustifiable conduct, the court may: (1) Decline to exercise jurisdiction; (2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (3) Continue to exercise jurisdiction after considering: (A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in § 34-8-206(c) ; and (C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 34-8-203 .
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) Continue to exercise jurisdiction after considering: (A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in § 34-8-206(c) ; and (C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 34-8-203 .
(A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in § 34-8-206(c) ; and
(C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 34-8-203 .
(b) If a court of this state determines that it acquired jurisdiction to appoint a conservator or guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-8-209 — TN Code / Title 34 / Chapter 8 / Section 34-8-209
Proceedings in more than one state
Status: in_force

Except for a petition for the appointment of a conservator or guardian in an emergency or issuance of a protective order limited to property located in this state under § 34-8-204(a)(1) or (a)(2) , if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply: (1) If the court in this state has jurisdiction under § 34-8-203 , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 34-8-203 before the appointment or issuance of the order; or (2) If the court in this state does not have jurisdiction under § 34-8-203 , whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum. Acts 2010, ch. 817, § 1.
Except for a petition for the appointment of a conservator or guardian in an emergency or issuance of a protective order limited to property located in this state under § 34-8-204(a)(1) or (a)(2) , if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under § 34-8-203 , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 34-8-203 before the appointment or issuance of the order; or
(2) If the court in this state does not have jurisdiction under § 34-8-203 , whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-8-106 — TN Code / Title 34 / Chapter 8 / Section 34-8-106
Taking testimony in another state
Status: in_force

(a) In a conservatorship or guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (b) In a conservatorship or guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule. Acts 2010, ch. 817, § 1.
(a) In a conservatorship or guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a conservatorship or guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-8-206 — TN Code / Title 34 / Chapter 8 / Section 34-8-206
Appropriate forum
Status: in_force

(a) A court of this state having jurisdiction under § 34-8-203 to appoint a conservator or guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state. (c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including: (1) Any expressed preference of the respondent; (2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (3) The length of time the respondent was physically present in or was a legal resident of this or another state; (4) The distance of the respondent from the court in each state; (5) The financial circumstances of the respondent's estate; (6) The nature and location of the evidence; (7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (8) The familiarity of the court of each state with the facts and issues in the proceeding; and (9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator. Acts 2010, ch. 817, § 1.
(a) A court of this state having jurisdiction under § 34-8-203 to appoint a conservator or guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including: (1) Any expressed preference of the respondent; (2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (3) The length of time the respondent was physically present in or was a legal resident of this or another state; (4) The distance of the respondent from the court in each state; (5) The financial circumstances of the respondent's estate; (6) The nature and location of the evidence; (7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (8) The familiarity of the court of each state with the facts and issues in the proceeding; and (9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
(1) Any expressed preference of the respondent;
(2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) The length of time the respondent was physically present in or was a legal resident of this or another state;
(4) The distance of the respondent from the court in each state;
(5) The financial circumstances of the respondent's estate;
(6) The nature and location of the evidence;
(7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) The familiarity of the court of each state with the facts and issues in the proceeding; and
(9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-1-121 — TN Code / Title 34 / Chapter 1 / Section 34-1-121
Powers of court - Additional actions - Waiver of requirements - Compromise
Status: in_force

(a) The court has broad discretion to require additional actions not specified in this chapter, and chapters 2 and 3 of this title as the court deems in the best interests of the minor or person with a disability and the property of the minor or the person with a disability. The court also has discretion to waive requirements specified in this chapter, and chapters 2 and 3 of this title if the court finds it is in the best interests of the minor or person with a disability to waive such requirements, particularly in those instances where strict compliance would be too costly or place an undue burden on the fiduciary or the minor or the person with a disability. (b) In any action, claim, or suit in which a person with a disability is a party or in any case of personal injury to a person with a disability caused by the alleged wrongful act of another, the court in which the action, claim, or suit is pending, or the court supervising the fiduciary relationship if a fiduciary has been appointed, has the power to approve and confirm a compromise of the matters in controversy on behalf of the person with a disability. If the court deems the compromise to be in the best interest of the person with a disability, any order or decree approving and confirming the compromise shall be binding on the person with a disability. (c) A tort claim settlement involving a minor does not require court approval except as required by § 29-34-105(a) . Amended by 2022 Tenn. Acts, ch. 917, Secs.s2, s3 eff. 4/27/2022. Amended by 2013 Tenn. Acts, ch. 435, s 40, eff. 7/1/2013. Acts 1992, ch. 794, § 22; 1994, ch. 855, § 12; 2000, ch. 610, § 1; T.C.A. § 34-11-121.
(a) The court has broad discretion to require additional actions not specified in this chapter, and chapters 2 and 3 of this title as the court deems in the best interests of the minor or person with a disability and the property of the minor or the person with a disability. The court also has discretion to waive requirements specified in this chapter, and chapters 2 and 3 of this title if the court finds it is in the best interests of the minor or person with a disability to waive such requirements, particularly in those instances where strict compliance would be too costly or place an undue burden on the fiduciary or the minor or the person with a disability.
(b) In any action, claim, or suit in which a person with a disability is a party or in any case of personal injury to a person with a disability caused by the alleged wrongful act of another, the court in which the action, claim, or suit is pending, or the court supervising the fiduciary relationship if a fiduciary has been appointed, has the power to approve and confirm a compromise of the matters in controversy on behalf of the person with a disability. If the court deems the compromise to be in the best interest of the person with a disability, any order or decree approving and confirming the compromise shall be binding on the person with a disability.
(c) A tort claim settlement involving a minor does not require court approval except as required by § 29-34-105(a) .
Amended by 2022 Tenn. Acts, ch. 917, Secs.s2, s3 eff. 4/27/2022.
Amended by 2013 Tenn. Acts, ch. 435, s 40, eff. 7/1/2013.
Acts 1992, ch. 794, § 22; 1994, ch. 855, § 12; 2000, ch. 610, § 1; T.C.A. § 34-11-121.
Tenn. Code Ann. § 34-6-111 — TN Code / Title 34 / Chapter 6 / Section 34-6-111
Access to medical information by personal representative for limited purpose of determining disability or incapacity when effective date of power of attorney deferred
Status: in_force

The principal of a power of attorney pursuant to this part may direct that the power of attorney is effective at the date signed or may defer the effective date to the date the principal is determined to be disabled or incapacitated. Notwithstanding any language in the document establishing the power of attorney, if the effective date is stated as deferred to the time the principal is determined to be disabled or incapacitated, for the limited purposes of authorizing the agent designated in the power of attorney to have access to the principal's medical records, physicians, other medical personnel and to discuss the principal's health situation and particularly to comply with the HIPAA rules, the power of attorney nevertheless is effective at the date of signing and the person designated the attorney in fact shall thereupon be the principal's personal representative as that term is used in the HIPAA rules with the ability to access immediately the principal's medical records, physicians, other medical personnel and to discuss the principal's health situation for the limited purpose of determining whether the principal is disabled or incapacitated to the extent that the general provisions of the power of attorney become effective. Acts 2004, ch. 8, § 4; 2007, ch. 8, § 10.
The principal of a power of attorney pursuant to this part may direct that the power of attorney is effective at the date signed or may defer the effective date to the date the principal is determined to be disabled or incapacitated. Notwithstanding any language in the document establishing the power of attorney, if the effective date is stated as deferred to the time the principal is determined to be disabled or incapacitated, for the limited purposes of authorizing the agent designated in the power of attorney to have access to the principal's medical records, physicians, other medical personnel and to discuss the principal's health situation and particularly to comply with the HIPAA rules, the power of attorney nevertheless is effective at the date of signing and the person designated the attorney in fact shall thereupon be the principal's personal representative as that term is used in the HIPAA rules with the ability to access immediately the principal's medical records, physicians, other medical personnel and to discuss the principal's health situation for the limited purpose of determining whether the principal is disabled or incapacitated to the extent that the general provisions of the power of attorney become effective.
Acts 2004, ch. 8, § 4; 2007, ch. 8, § 10.
Tenn. Code Ann. § 34-1-103 — TN Code / Title 34 / Chapter 1 / Section 34-1-103
Duties of department of children's services when no natural guardian, or child abandoned
Status: in_force

(a) When there is no natural guardian of a minor or when a minor has been abandoned and if the minor requires service from the department of children's services, the duly authorized agent of the commissioner of children's services of the county in which the minor resides may act as the custodian of the person of the minor with the powers as enumerated in § 37-1-140 , until a guardian is appointed. (b) The guardianship of the minor may be committed to the duly authorized agent of the commissioner by an instrument in writing signed: (1) If both parents are then living, by the parents of the child or, if either parent of the child is dead, by the surviving parent; (2) If either one (1) of the parents has abandoned or neglected to provide for the minor for a period of six (6) months, by the other parent; or (3) If the minor is born out of wedlock, by the mother of such minor. (c) The guardianship shall be in accordance with this section and the instrument shall be upon the terms, time and conditions agreed upon by the parties. (d) The instrument shall be: (1) Signed; (2) Acknowledged before a notary public or county clerk; and (3) Recorded in the office of the county clerk in the county where the instrument is executed, where the minor is residing, or where the county office of the department of children's services is located. Acts 1992, ch. 794, § 4; 1996, ch. 1079, §§ 67, 68; T.C.A. § 34-11-103.
(a) When there is no natural guardian of a minor or when a minor has been abandoned and if the minor requires service from the department of children's services, the duly authorized agent of the commissioner of children's services of the county in which the minor resides may act as the custodian of the person of the minor with the powers as enumerated in § 37-1-140 , until a guardian is appointed.
(b) The guardianship of the minor may be committed to the duly authorized agent of the commissioner by an instrument in writing signed: (1) If both parents are then living, by the parents of the child or, if either parent of the child is dead, by the surviving parent; (2) If either one (1) of the parents has abandoned or neglected to provide for the minor for a period of six (6) months, by the other parent; or (3) If the minor is born out of wedlock, by the mother of such minor.
(1) If both parents are then living, by the parents of the child or, if either parent of the child is dead, by the surviving parent;
(2) If either one (1) of the parents has abandoned or neglected to provide for the minor for a period of six (6) months, by the other parent; or
(3) If the minor is born out of wedlock, by the mother of such minor.
(c) The guardianship shall be in accordance with this section and the instrument shall be upon the terms, time and conditions agreed upon by the parties.
(d) The instrument shall be: (1) Signed; (2) Acknowledged before a notary public or county clerk; and (3) Recorded in the office of the county clerk in the county where the instrument is executed, where the minor is residing, or where the county office of the department of children's services is located.
(1) Signed;
(2) Acknowledged before a notary public or county clerk; and
(3) Recorded in the office of the county clerk in the county where the instrument is executed, where the minor is residing, or where the county office of the department of children's services is located.
Acts 1992, ch. 794, § 4; 1996, ch. 1079, §§ 67, 68; T.C.A. § 34-11-103.
Tenn. Code Ann. § 34-6-213 — TN Code / Title 34 / Chapter 6 / Section 34-6-213
Life insurance unaffected
Status: in_force

The execution of a durable power of attorney for health care as provided in this part shall not affect in any manner the sale, procurement or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of health care from an insured principal. Acts 1990, ch. 831, § 12.
The execution of a durable power of attorney for health care as provided in this part shall not affect in any manner the sale, procurement or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of health care from an insured principal.
Acts 1990, ch. 831, § 12.
Tenn. Code Ann. § 34-6-208 — TN Code / Title 34 / Chapter 6 / Section 34-6-208
Liability of health care provider
Status: in_force

(a) Subject to any limitations stated in the durable power of attorney for health care, and, subject to subsection (b) and §§ 34-6-210 - 34-6-212, a health care provider is not subject to criminal prosecution, civil liability or professional disciplinary action except to the same extent as would be the case if the principal, having had the capacity to give informed consent, had made the health care decision on the principal's own behalf under like circumstances, if the health care provider relies on a health care decision and both of the following requirements are satisfied: (1) The decision is made by an attorney in fact who the health care provider believes in good faith is authorized under this part to make the decision; and (2) The health care provider believes in good faith that the decision is not inconsistent with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the health care provider, and, if the decision is to withhold or withdraw health care necessary to keep the principal alive, the health care provider has made a good faith effort to determine the desires of the principal to the extent that the principal is able to convey those desires to the health care provider and the results of the effort are made a part of the principal's medical records. (b) Nothing in this part authorizes a health care provider to do anything illegal. (c) Notwithstanding the health care decision of the attorney in fact designated by a durable power of attorney for health care, the health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to withdraw health care necessary to keep the principal alive. Acts 1990, ch. 831, § 8.
(a) Subject to any limitations stated in the durable power of attorney for health care, and, subject to subsection (b) and §§ 34-6-210 - 34-6-212, a health care provider is not subject to criminal prosecution, civil liability or professional disciplinary action except to the same extent as would be the case if the principal, having had the capacity to give informed consent, had made the health care decision on the principal's own behalf under like circumstances, if the health care provider relies on a health care decision and both of the following requirements are satisfied: (1) The decision is made by an attorney in fact who the health care provider believes in good faith is authorized under this part to make the decision; and (2) The health care provider believes in good faith that the decision is not inconsistent with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the health care provider, and, if the decision is to withhold or withdraw health care necessary to keep the principal alive, the health care provider has made a good faith effort to determine the desires of the principal to the extent that the principal is able to convey those desires to the health care provider and the results of the effort are made a part of the principal's medical records.
(1) The decision is made by an attorney in fact who the health care provider believes in good faith is authorized under this part to make the decision; and
(2) The health care provider believes in good faith that the decision is not inconsistent with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the health care provider, and, if the decision is to withhold or withdraw health care necessary to keep the principal alive, the health care provider has made a good faith effort to determine the desires of the principal to the extent that the principal is able to convey those desires to the health care provider and the results of the effort are made a part of the principal's medical records.
(b) Nothing in this part authorizes a health care provider to do anything illegal.
(c) Notwithstanding the health care decision of the attorney in fact designated by a durable power of attorney for health care, the health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to withdraw health care necessary to keep the principal alive.
Acts 1990, ch. 831, § 8.
Tenn. Code Ann. § 34-8-208 — TN Code / Title 34 / Chapter 8 / Section 34-8-208
Notice of proceeding
Status: in_force

If a petition for the appointment of a conservator or guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state. Acts 2010, ch. 817, § 1.
If a petition for the appointment of a conservator or guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-8-503 — TN Code / Title 34 / Chapter 8 / Section 34-8-503
Transitional provisions
Status: in_force

(a) This chapter applies to guardianship and protective proceedings begun on or after January 1, 2011. (b) Parts 1, 3, and 4 and §§ 34-8-501 and 34-8-502 apply to proceedings begun before January 1, 2011, regardless of whether a guardianship or protective order has been issued. Acts 2010, ch. 817, § 1.
(a) This chapter applies to guardianship and protective proceedings begun on or after January 1, 2011.
(b) Parts 1, 3, and 4 and §§ 34-8-501 and 34-8-502 apply to proceedings begun before January 1, 2011, regardless of whether a guardianship or protective order has been issued.
Acts 2010, ch. 817, § 1.
Tenn. Code Ann. § 34-5-103 — TN Code / Title 34 / Chapter 5 / Section 34-5-103
Administrator as party in interest
Status: in_force

The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate included assets derived in whole or in part from benefits heretofore or hereafter paid by the veterans administration. Not less than fifteen (15) days prior to a hearing in such a matter, notice in writing of the time and place of the hearing shall be given by mail, unless waived in writing, to the office of the veterans administration having jurisdiction over the area in which the suit or proceeding is pending. Acts 1943, ch. 90, § 2; C. Supp. 1950, § 8558.3 (Williams, §8541.1); T.C.A. (orig. ed.), § 34-903.
The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate included assets derived in whole or in part from benefits heretofore or hereafter paid by the veterans administration. Not less than fifteen (15) days prior to a hearing in such a matter, notice in writing of the time and place of the hearing shall be given by mail, unless waived in writing, to the office of the veterans administration having jurisdiction over the area in which the suit or proceeding is pending.
Acts 1943, ch. 90, § 2; C. Supp. 1950, § 8558.3 (Williams, §8541.1); T.C.A. (orig. ed.), § 34-903.
Tenn. Code Ann. § 34-2-105 — TN Code / Title 34 / Chapter 2 / Section 34-2-105
Where guardian needed - Court order
Status: in_force

If the court determines a guardian is needed, the court shall enter an order which shall: (1) Name the guardian or guardians; (2) If the guardian is to manage the property of the minor, then: (A) Set the amount of the guardian's bond unless waived as authorized in § 34-1-105 ; (B) Set forth the nature and frequency of each approved expenditure and prohibit the guardian from making other expenditures without court approval; (C) Set forth the approved management of the minor's property; and (D) Prohibit the sale of any property except as permitted by § 34-1-116 without court approval or as permitted in the property management plan approved by such order; and (3) State any other authority or direction as the court determines is appropriate to properly care for the person and property of the minor. Acts 1992, ch. 794, § 38; T.C.A. § 34-12-105.
If the court determines a guardian is needed, the court shall enter an order which shall:
(1) Name the guardian or guardians;
(2) If the guardian is to manage the property of the minor, then: (A) Set the amount of the guardian's bond unless waived as authorized in § 34-1-105 ; (B) Set forth the nature and frequency of each approved expenditure and prohibit the guardian from making other expenditures without court approval; (C) Set forth the approved management of the minor's property; and (D) Prohibit the sale of any property except as permitted by § 34-1-116 without court approval or as permitted in the property management plan approved by such order; and
(A) Set the amount of the guardian's bond unless waived as authorized in § 34-1-105 ;
(B) Set forth the nature and frequency of each approved expenditure and prohibit the guardian from making other expenditures without court approval;
(C) Set forth the approved management of the minor's property; and
(D) Prohibit the sale of any property except as permitted by § 34-1-116 without court approval or as permitted in the property management plan approved by such order; and
(3) State any other authority or direction as the court determines is appropriate to properly care for the person and property of the minor.
Acts 1992, ch. 794, § 38; T.C.A. § 34-12-105.