Task: Wrong Candidate Generation
Input (English): or older “determined by the court to be in need of partial or full supervision, protection and assistance by reason of mental illness, physical illness or injury, developmental disability or other mental or physical incapacity.” Tenn.Code Ann. § 34-1-101(7). Persons do not attain the office of conservator by contract or family relationship. They are appointed to act in the best interests of the disabled adult person for whom they are partially or fully responsible in the discretion of the court. Although there is a statutory order of priority of persons the court is to consider when selecting a conservator, the order of priority is subject to the court’s determination of “what is in the best interests of the disabled person.” See In re Rockwell, 673 S.W.2d 512, 516 (Tenn.Ct.App.1983) (<HOLDING>). A conservator occupies a fiduciary position 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding the selection of the person to be appointed guardian is a matter which is committed largely to the discretion of the appointing court and an appellate court will interfere with the exercise of this discretion only in case of a clear abuse (C) holding that questions concerning the admissibility of hearsay evidence rest within the sound discretion of the trial court and this court will not interfere in the absence of abuse appearing on the face of the record (D) holding failure to exercise discretion is abuse of discretion (E) holding that the faas action in this case was  analogous to an exercise of prosecutorial discretion  and noting that when prosecutorial discretion is at issue the matter is presumptively committed to agency discretion by law
Output (English): holding failure to exercise discretion is abuse of discretion