2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 1 - GUARDIANSHIPS AND CONSERVATORSHIPS GENERALLY (§§ 34-1-101 — 34-1-133) › Section 34-1-132 - Appointment of emergency guardian or conservator

(a)
If the court finds that compliance with the procedures of this title will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person, including an agent acting under the Health Care Decision Act, compiled in title 68, chapter 11, part 18, or a person acting under the Durable Powers of Attorney for Healthcare Act, compiled in chapter 6, part 2 of this title or a living will pursuant to title 32, chapter 11, appears to have authority to act, willingness to act, and is acting in the best interests of the respondent in the circumstances, then the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian or conservator whose authority may not exceed sixty (60) days and who may exercise only the powers specified in the order. Immediately upon receipt of the petition for an emergency guardianship or conservatorship, the court shall appoint an attorney ad litem to represent the respondent in the proceeding. Except as otherwise provided in subsection (b), reasonable notice of the time and place of a hearing on the petition shall be given to the respondent and any other person as the court directs.
(b)
An emergency guardian or conservator may be appointed without notice to the respondent and the attorney ad litem only if the court finds upon a sworn petition that the respondent will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian or conservator without notice to the respondent, the respondent shall be given notice of the appointment within forty-eight (48) hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within five (5) days after the appointment.
(c)
Appointment of an emergency guardian or conservator, with or without notice, is not a determination of the respondent's incapacity.
(d)
The court may remove an emergency guardian or conservator at any time. The court may appoint a guardian ad litem to investigate the circumstances. An emergency guardian or conservator shall make any report the court requires. In other respects, the provisions of this title concerning guardians or conservators apply to an emergency guardian or conservator.
(e)
The time periods set forth above in this section are mandatory and not directory. Failure to comply with those provisions shall void any emergency appointment and remove the authority previously granted to an emergency fiduciary.
(f)
The cost of the attorney ad litem in an emergency guardianship or conservatorship proceeding may, in the court's discretion, be charged against the assets of the respondent or against the petitioner. The costs charged must not exceed one thousand five hundred dollars ($1,500) except when the court dismisses an emergency guardianship or conservatorship proceeding because of a finding of fraud, bad faith, or deception by the petitioner or when the court determines there are unusually complex factual issues, in which case there is no cap on the attorney ad litem fees. The maximum amount of the fee for the attorney ad litem shall be adjusted annually for inflation based upon the percentage of change in the average consumer price index (all items-city average), as published by the United States department of labor, bureau of labor statistics, for the calendar year immediately preceding. The adjustment shall take effect on February 1, 2025, and on February 1 of each year thereafter.
Amended by 2024 Tenn. Acts, ch. 807,s 2, eff. 4/29/2024.
Added by 2013 Tenn. Acts, ch. 435, s 24, eff. 7/1/2013.