reglab/housing_qa huggingface dataset:
TN Code § 34-1-113 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-113. Payments by Fiduciary

  The fiduciary is entitled to pay from the property of the minor or person with a disability the costs of any required medical examination, the guardian ad litem fee, bond premium, court costs, attorney fees, fees for income tax preparation and court accountings, investment management fees, taxes or governmental charges for which the minor or person with a disability is obligated and such other expenses as the court determines are necessary for the fiduciary. The fiduciary shall not pay any attorney fee, guardian ad litem fee, fees for income tax preparation and court accountings or investment management fees until the amount of those fees is approved by the court.   Either prior to or after payment, the court may approve payments by the fiduciary from the property of the minor or person with a disability that are reasonable considering all relevant factors, are incurred by the fiduciary in good faith on behalf of the minor or person with a disability, and are intended to benefit or protect the minor or person with a disability or such person's property, whether or not an actual benefit or protection is ultimately in fact attained. Such requests and/or payments shall be reviewed by the court pursuant to fiduciary standards.   All other expenses, including those that do not comply with the requirements of subsection (b), may be approved by the court, either prior to or after payment, upon a determination that they are reasonable and:  They protected or benefited the minor or person with a disability or such person's property; or   That their payment is in the best interest of the minor or person with a disability.     For purposes of subsection (a), attorney fees shall include fees for preparing fiduciary fee applications and other related filings that are required to be submitted to the court including petitions to secure approval or reimbursement for any expenses paid by the fiduciary that meet the requirements of this section, provided that the amount of those fees is determined by the court to be reasonable in view of the services rendered.   Notwithstanding any law to the contrary, the duty of the fiduciary appointed under this title shall not cease at the death of the person with a disability, but shall continue for the sole purpose of making reasonable and proper funeral arrangements for the disposition of the remains of the person with a disability, at death. Upon the death of the person with a disability, the fiduciary shall be allowed credits in the accounting for all reasonable expenses of the person with a disability's funeral. If the estate of the person with a disability has assets in an amount less than five thousand dollars ($5,000), the fiduciary may utilize this entire amount for payment of funeral expenses and will be given credit for the same in the final accounting.
TN Code § 34-1-114 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-114. Charging of Costs of Proceedings

  The costs of the proceedings, which are the court costs, the guardian ad litem fee and expenses incurred by the guardian ad litem in conducting the required investigations, the required medical examination costs, and the attorney's fee for the petitioner, may, in the court's discretion, be charged against the property of the respondent to the extent the respondent's property exceeds the supplemental security income eligibility limit, or to the petitioner or any other party, or partially to any one or more of them as determined in the court's discretion. In exercising its discretion to charge some or all of the costs against the respondent's property, the fact a conservator is appointed or would have been appointed but for an event beyond the petitioner's control is to be given special consideration. The guardian ad litem fee and the attorney's fee for the petitioner shall be established by the court. If a fiduciary is cited for failure to file an inventory or accounting, the costs incurred in citing the fiduciary, in the discretion of the court, may be charged to and collected from the cited fiduciary.   If the principal purpose for bringing the petition is to benefit the petitioner and there would otherwise be little, if any, need for the appointment of a fiduciary, the costs of the proceedings may be assessed against the petitioner, in the discretion of the court.
TN Code § 34-1-116 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-116. Sale of Property

  Except as provided in subsections (b) and (d), no property of a minor or person with a disability may be sold without prior approval of the court that appointed the fiduciary.   Unless the fiduciary is holding tangible property for the benefit of a minor or person with a disability pursuant to the terms of a will, trust or other written document, the fiduciary has the authority to sell each item of tangible property with a fair market value of less than one thousand dollars ($1,000) or a motor vehicle without specific court approval.   No fiduciary, relative of a fiduciary, employee of a fiduciary, guardian ad litem or attorney for any party shall be a purchaser of property of the minor or person with a disability without court approval.   This section shall not apply to any fiduciary who is not required to file a property management plan or who has had its investment plans approved as part of its property management plan.   When the fiduciary seeks court approval for the sale of property, a copy of the pleading requesting approval of the sale shall be sent to the minor or person with a disability by certified mail with return receipt requested. Although not required, the court may appoint a guardian ad litem.
TN Code § 34-1-118 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-118. Persons Receiving Property — Receipt for Property — Filing

 Whenever a fiduciary distributes property of a minor or person with a disability, the person receiving the property of the minor or person with a disability from the fiduciary shall sign a receipt for the property, which receipt shall be filed with the fiduciary's next accounting.
TN Code § 34-1-119 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-119. Standby Fiduciary

  At the request of the petitioner, the fiduciary, or on the court's own motion, a standby fiduciary may be appointed by the court to take the place of the fiduciary on a temporary or, if necessary, on a permanent basis. The standby fiduciary shall have the same powers, rights and obligations as the fiduciary.   When it is necessary for the standby fiduciary to function, the regular fiduciary shall notify the court or other interested party of the need for the services of the standby fiduciary and the anticipated duration of the need for the services. On receipt of the notice, the court shall enter an order authorizing the standby fiduciary to function in the place of the fiduciary. The order shall state the duration of the standby fiduciary's authority and shall suspend the authority of the fiduciary. If the fiduciary is bonded, the standby fiduciary must also be bonded in the same amount as the fiduciary. Under no circumstance can the fiduciary and standby fiduciary be simultaneously empowered to act.   Although there is no current need for the services of a fiduciary:  The custodial parent or parents or the person designated by the custodial parent or parents of a minor child or children may petition in accordance with chapter 2 of this title; or   Any adult may petition for the adult in accordance with chapter 3 of this title for the appointment of a standby fiduciary. The standby fiduciary authorized by this subsection (c) may be appointed without the necessity of the appointment of a fiduciary. The court shall respond to the petition as though it were a petition for the appointment of a currently active fiduciary so that all questions concerning the appropriateness of the proposed fiduciary or the property management plan are resolved at the hearing on the petition, which action will minimize delay in activating the standby fiduciary when necessary. If appointed, the court shall define in the order of appointment the circumstances under which the standby fiduciary shall become an active fiduciary and the actions that the standby fiduciary shall take to notify the court of the need for the standby fiduciary to become active. If the court determines there is a need for an active fiduciary, the court shall issue an order authorizing the standby fiduciary to function which order shall contain such other authority or restriction, consistent with this chapter, and chapters 2 and 3 of this title, as the court determines is in the best interest of the minor or person with a disability. In considering a petition for the appointment of a standby fiduciary, the court shall try to minimize the costs to the petitioner to the extent the court determines it is in the best interest of the minor or the person with a potential disability.
TN Code § 34-1-120 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-120. When People May Be Appointed Fiduciary — Eligible Persons

 No personal representative of an estate, any part of which is distributable to a minor, except a parent, grandparent, sibling of the minor or person named by the testator to be guardian, shall be appointed the fiduciary for the minor until the personal representative has first settled its accounts as personal representative. No personal representative of an estate, any part of which is distributable to a person with a disability, except a parent, spouse, child, grandchild, grandparent or sibling of the person with a disability, shall be appointed the fiduciary for the person with a disability until the personal representative has first settled its accounts as personal representative.
TN Code § 34-1-121 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-121. Powers of Court — Additional Actions — Waiver of Requirements — Compromise

  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.   In any action, claim, or suit in which a minor or person with a disability is a party or in any case of personal injury to a minor or 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 minor or person with a disability. If the court deems the compromise to be in the best interest of the minor or person with a disability, any order or decree approving and confirming the compromise shall be binding on the minor or person with a disability.
TN Code § 34-1-122 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-122. Distributions to Persons Other Than Minor — Gift Program

 In considering expenditures of income or principal of the property of the minor or person with a disability, the court may authorize distributions to persons other than the minor or person with a disability if the court determines the expenditures are in the best interests of the minor or person with a disability. In making its decision, the court may consider whatever information the court deems relevant to its decision, keeping in mind its primary responsibility is for the care and maintenance of the minor or person with a disability and the person's property. No gift program shall be authorized unless there is evidence the person with a disability established a gift program prior to becoming a person with a disability or, even though the person with a disability had not established a gift program, a gift program would reduce the person with a disability's tax liability and would not jeopardize the person with a disability's care and long-term well-being.
TN Code § 34-1-123 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-123. Summons to Appear for Abuse, Mismanagement or Failure to Perform — Removal — Submission of Matter to District Attorney General's Office

 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.
TN Code § 34-1-124 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-124. No Fiduciary Appointed — Expunction of Record

 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.
TN Code § 34-1-125 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-125. Attorney Ad Litem

  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.   The cost of the attorney ad litem shall be charged against the assets of the respondent.
TN Code § 34-1-126 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-126. Finding of Disablement and Need of Assistance Prerequisite for Appointment of Fiduciary

 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.
TN Code § 34-1-127 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-127. Least Restrictive Alternative to Be Imposed

 The court has an affirmative duty to ascertain and impose the least restrictive alternatives upon the person with a disability that are consistent with adequate protection of the person with a disability and the property of the person with a disability.
TN Code § 34-1-128 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-128. Duties of Court Clerk — Records — Index — Deadlines — Notices and Summons

 The clerk shall maintain on all guardianship and conservatorship cases the same type docket books, files, minute books, and other records as in all other cases. In addition, the clerk shall maintain an appropriate index or tickler so that reporting deadlines established in §§ 34-1-110 and 34-1-111 and the like are easily ascertainable. The clerk shall issue the notices and summons described in §§ 34-1-110 and 34-1-111 to each delinquent fiduciary.
TN Code § 34-1-129 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-129. Letters of Conservatorship or Guardianship — Limited

 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:   Recite the specific powers removed from the minor or person with a disability and transferred to the fiduciary; or   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”.
TN Code § 34-1-130 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-130. Forms or Instructions — Inventory, Receipts and Expenditures

 The clerk may prescribe forms or instructions as to the manner in which a fiduciary may render its inventory, receipts, and expenditures.
TN Code § 34-1-131 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-131. Examination of Annual Accounting — Report to Judge

 The clerk shall examine the annual accounting of the fiduciary and make a report on the accounting to the judge.
TN Code § 34-1-132 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-132. Appointment of Emergency Guardian or Conservator

  If the court finds that compliance with the procedures of this title will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person, including an agent acting under the Health Care Decision Act, compiled in title 68, chapter 11, part 18, or a person acting under the Durable Powers of Attorney for Healthcare Act, compiled in chapter 6, part 2 of this title or a living will pursuant to title 32, chapter 11, appears to have authority to act, willingness to act, and is acting in the best interests of the respondent in the circumstances, then the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian or conservator whose authority may not exceed sixty (60) days and who may exercise only the powers specified in the order. Immediately upon receipt of the petition for an emergency guardianship or conservatorship, the court shall appoint an attorney ad litem to represent the respondent in the proceeding. Except as otherwise provided in subsection (b), reasonable notice of the time and place of a hearing on the petition shall be given to the respondent and any other person as the court directs.   An emergency guardian or conservator may be appointed without notice to the respondent and the attorney ad litem only if the court finds upon a sworn petition that the respondent will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian or conservator without notice to the respondent, the respondent shall be given notice of the appointment within forty-eight (48) hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within five (5) days after the appointment.   Appointment of an emergency guardian or conservator, with or without notice, is not a determination of the respondent's incapacity.   The court may remove an emergency guardian or conservator at any time. The court may appoint a guardian ad litem to investigate the circumstances. An emergency guardian or conservator shall make any report the court requires. In other respects, the provisions of this title concerning guardians or conservators apply to an emergency guardian or conservator.   The time periods set forth above in this section are mandatory and not directory. Failure to comply with those provisions shall void any emergency appointment and remove the authority previously granted to an emergency fiduciary.
TN Code § 34-1-133 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 1 - Guardianships and Conservatorships Generally|§ 34-1-133. Expedited Limited Healthcare Fiduciary

  If the respondent is under hospitalization in a hospital as those terms are defined in title 68, chapter 11, part 2, and no other person, including an agent acting under the Healthcare Decision Act, compiled in title 68, chapter 11, part 18, a person acting under the Durable Powers of Attorney for Healthcare Act, compiled in chapter 6, part 2 of this title, or a living will under title 32, chapter 11, part 1 appears to have the authority and willingness to act and is acting in the best interest of the respondent, the court on petition of a person interested in the respondent's welfare may appoint an expedited limited healthcare fiduciary whose authority is for the limited purpose of consenting to discharge, transfer, and admission and consenting to any financial arrangements or medical care necessary to affect such discharge, transfer or admission to another healthcare facility and whose authority may not exceed sixty (60) days. Immediately upon the receipt of the petition for an expedited limited healthcare fiduciary, the court shall appoint an attorney ad litem to represent the respondent in the proceeding. In expediting the appointment of an expedited limited healthcare fiduciary, the court may vary the time periods for hearings including but not limited to the minimum number of days before a hearing under § 34-1-108 or the number of days before appointment of a guardian ad litem under § 34-1-107 or other time periods, but shall not vary requirements as necessary to determine the respondent is in need of a fiduciary.   The court shall hold a hearing on the appropriateness of the appointment within five (5) days of the appointment.   Appointment of an expedited limited healthcare fiduciary is not a determination of the respondent's incapacity.   The court may remove an expedited limited healthcare fiduciary at any time.   The time periods set forth in this section are mandatory and not directory. Failure to comply with those provisions shall void any expedited appointment and remove the authority previously granted to the expedited limited healthcare fiduciary.
TN Code § 34-2-101 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 2 - Guardianship Generally|§ 34-2-101. Actions for Appointment of Guardian — Where Brought

  Actions for the appointment of only a guardian of the person may be brought in the juvenile court in the county in which there is venue. Actions for the appointment of a guardian of the person or property or both may be brought in a court exercising probate jurisdiction or any other court of record in the county in which there is venue.   An action for the appointment of a guardian may be brought in the county of residence of the minor, the county of residence of the minor's parents or, if the minor's parents are living apart, the county of residence of the custodial parent.
TN Code § 34-2-102 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 2 - Guardianship Generally|§ 34-2-102. Petition for Appointment of Guardian — Who May File

 A petition for the appointment of a guardian may be filed by any person having knowledge of the circumstances necessitating the appointment of a guardian.
TN Code § 34-2-103 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 2 - Guardianship Generally|§ 34-2-103. Priority of Persons to Be Considered

 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:   The parent or parents of the minor;   The person or persons designated by the parent or parents in a will or other written document;   Adult siblings of the minor;   Closest relative or relatives of the minor; and   Other person or persons.