reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 10 - COMPREHENSIVE ALCOHOL AND DRUG TREATMENT ACT OF 1973 (§§ 33-10-101 — 33-10-506) › Part 5 - COMPREHENSIVE ALCOHOL, TOBACCO AND OTHER DRUG PREVENTION PROGRAM ACT (§§ 33-10-501 — 33-10-506) › Section 33-10-504 - Grants for tools to aid youth in resisting pressure to use alcohol, tobacco and drugs

(a)
Subject to the availability of funding in the general appropriations act, grants shall be provided in such amounts as determined by the commissioner to organizations that have or that develop a resistance training/social skills program to provide the necessary tools to the youth of this state, to aid them in successfully resisting peer and media pressures to use alcohol, tobacco and other drugs and to understand the physical and social changes taking place in their lives.
(b)
In order to qualify for a grant, the components of a program offered by an organization must, at a minimum, have:
(1)
An in-service training that provides staff and volunteers with an overview of the program and suggests ways to incorporate the prevention message into any other programs offered by the organization;
(2)
A skills development program for boys and girls six (6) to nine (9) years of age. The program focus on this age group shall be on self-awareness, decision-making and interpersonal skills, while communicating age-appropriate information about alcohol, tobacco and other drugs;
(3)
A resistance skills program for youth nine (9) to twelve (12) years of age that focuses on ways to identify and resist peer, social and media pressures to use alcohol, tobacco and other drugs;
(4)
A social skills program for adolescents thirteen (13) to fifteen (15) years of age, that teaches resistance skills, stresses reduction techniques, communication skills, assertiveness training and life planning and that provides accurate information about alcohol, tobacco and other drug use;
(5)
A program for parents that emphasizes communication skills and factual information about alcohol, tobacco and other drug use; and
(6)
A plan that implements community service projects in which youth and adults work as a team, the end result of which enhances the self-esteem of the participating youth and gives them a sense of accomplishment and a sense of belonging to the community.
(c)
If the program of an organization provides some, but not all, of these components, then, in the discretion of the commissioner, the organization may qualify for a percentage of the grant that equates to the percentage of the components the organization offers.
Acts 2005, ch. 484, § 5; 2009, ch. 186, § 43; T.C.A. §
68-1-604
.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 10 - COMPREHENSIVE ALCOHOL AND DRUG TREATMENT ACT OF 1973 (§§ 33-10-101 — 33-10-506) › Part 5 - COMPREHENSIVE ALCOHOL, TOBACCO AND OTHER DRUG PREVENTION PROGRAM ACT (§§ 33-10-501 — 33-10-506) › Section 33-10-505 - Duties of commissioner

The commissioner shall develop:
(1)
The criteria for determining how available funds for grants shall be disbursed to qualifying organizations; and
(2)
The application and appeals process for issuing the grants.
Acts 2005, ch. 484, § 6; 2009, ch. 186, § 44; T.C.A. §
68-1-605
.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 10 - COMPREHENSIVE ALCOHOL AND DRUG TREATMENT ACT OF 1973 (§§ 33-10-101 — 33-10-506) › Part 5 - COMPREHENSIVE ALCOHOL, TOBACCO AND OTHER DRUG PREVENTION PROGRAM ACT (§§ 33-10-501 — 33-10-506) › Section 33-10-506 - Authority

The commissioner is authorized to take any necessary action, subject to this title, in order to effectuate the purposes of this part.
Acts 2005, ch. 484, § 6; 2009, ch. 186, § 45; T.C.A. §
68-1-606
.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 11 - OPIOID ABATEMENT COUNCIL ACT (§§ 33-11-101 — 33-11-106) › Section 33-11-101 - Short title

This chapter is known and may be cited as the "Opioid Abatement Council Act."
Added by 2021 Tenn. Acts, ch. 491, s 4, eff. 5/24/2021.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 11 - OPIOID ABATEMENT COUNCIL ACT (§§ 33-11-101 — 33-11-106) › Section 33-11-102 - Chapter definitions

As used in this chapter:
(1)
"Commissioner" means the commissioner of mental health and substance abuse services;
(2)
"Council" means the Tennessee opioid abatement council;
(3)
"Department" means the department of mental health and substance abuse services;
(4)
"Director" means the executive director of the council;
(5)
"Opioid abatement and remediation purposes" means programs, strategies, expenditures, and other actions designed to prevent and address the misuse and abuse of opioid products and treat or mitigate opioid use or related disorders or other effects of the opioid epidemic;
(6)
"Opioid abatement fund" means the fund created by §
9-4-1301
;
(7)
"State-subdivision opioid abatement agreement" means an agreement entered into by the state and one (1) or more political subdivisions of the state that addresses the allocation of funds dedicated to opioid abatement and remediation; and
(8)
"Statewide opioid settlement agreement" means a settlement agreement entered into by the state and one (1) or more entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids in which political subdivision claims are addressed. A copy of the agreement, including any amendments thereto, must be kept on the website of the attorney general and reporter.
Added by 2021 Tenn. Acts, ch. 491, s 5, eff. 5/24/2021.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 11 - OPIOID ABATEMENT COUNCIL ACT (§§ 33-11-101 — 33-11-106) › Section 33-11-104 - Staff to council - Executive director

(a)
(1)
The department shall serve as staff to the council and shall recommend to the council a candidate to serve as executive director of the council.
(2)
If a majority of the council votes to decline the department's recommendation within fourteen (14) calendar days of receiving the recommendation, the department shall submit a new candidate.
(3)
If a majority of the council either votes in favor of the department's recommendation or does not decline the recommendation in accordance with subdivision (a)(2), the candidate may be hired as the director and shall be an employee of the department.
(b)
The director must be a full-time position. The commissioner may recommend that a current department employee serve as the director, subject to subsection (a). The commissioner shall establish the director's salary and other compensation, which shall be no more than the department's highest-paid assistant commissioner. The director's salary and compensation shall be paid from the opioid abatement fund, as shall the salaries and compensation of other council staff and department employees the commissioner deems necessary to administer the council. The commissioner may hire two (2) full-time employees to staff the council in addition to the director and hire additional staff upon approval of the council. Salaries and compensation levels shall be comparable to department employees doing similar work. New or additional department costs and all expenditures related to the council shall be paid from the opioid abatement fund and not the general fund. The commissioner shall provide reports as the council may require on staffing, salaries, compensation, and other costs and expenditures related to the council.
Added by 2021 Tenn. Acts, ch. 491, s 7, eff. 5/24/2021.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 11 - OPIOID ABATEMENT COUNCIL ACT (§§ 33-11-101 — 33-11-106) › Section 33-11-105 - Duties and responsibilities of council

The duties and responsibilities of the council include the following:
(a)
Subject to the terms of a state-subdivision opioid abatement agreement or a statewide opioid settlement agreement concerning funds paid pursuant to such agreement, the council shall direct the disbursement of funds held in the opioid abatement fund by decisions approved by at least a majority of the entire membership of the council. These disbursement directives shall be limited to funding or supporting opioid abatement and remediation purposes and related administrative costs. Before rendering decisions regarding the disbursement of funds, the council shall receive input from the department's statewide planning and policy council's need assessment process, which is conducted with the assistance of seven (7) regional planning and policy councils, and allow for comment and input from community stakeholders, local governments, state and local public health officials, public health advocates, law enforcement and judiciary representatives, opioid remediation service providers, and other parties interested and actively involved in addressing the opioid crisis and its abatement. The council shall develop policies to provide reasonable opportunity to receive input from these parties.
(b)
The council shall create and the director shall deliver to the governor, the speaker of the senate, the speaker of the house of representatives, the chairs of the government operations committees of the senate and house of representatives, and the chairs of the finance, ways and means committees of the senate and house of representatives on or before September 30 of each year an annual report for the prior fiscal year that details the total funds deposited into the opioid abatement fund, the abatement strategies funded, and any disbursement or expenses paid from the opioid abatement fund.
Added by 2021 Tenn. Acts, ch. 491, s 8, eff. 5/24/2021.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 11 - OPIOID ABATEMENT COUNCIL ACT (§§ 33-11-101 — 33-11-106) › Section 33-11-106 - Exemption from procurement requirements

The council is exempt from the requirements of title 12, chapter 3, related to procurement.
Added by 2021 Tenn. Acts, ch. 491, s 9, eff. 5/24/2021.
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 34-1-102 - Parents as joint and equal natural guardians of minors - Custody of minors - Support of minors over eighteen (18)

(a)
Parents are the joint natural guardians of their minor children, and are equally and jointly charged with their care, nurture, welfare, education and support and also with the care, management and expenditure of their estates. Each parent has equal powers, rights and duties with respect to the custody of each of their minor children and the control of the services and earnings of each minor child; provided, that so much of the net income of each minor child as may be necessary may be expended by a parent (without the necessity of court authorization) for the child's care, maintenance and education. Funds of a minor held by a guardian shall not be expended to relieve or minimize the obligation of the parent or parents to support the minor.
(b)
Parents shall continue to be responsible for the support of each child for whom they are responsible after the child reaches eighteen (18) years of age if the child is in high school. The duty of support shall continue until the child graduates from high school or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs first.
(c)
If either parent dies or is incapable of acting, the guardianship of each minor child shall devolve upon the other parent.
(d)
If the parents of a minor child are divorced, the court may award the guardianship of the property of the minor child to the parent who, in the court's judgment, would best serve the welfare of the minor child and the child's estate. The parent appointed guardian of the child's estate may, but does not have to be, the parent with legal custody. The appointment of a parent as legal guardian does not affect the custodial decree of the divorce court except in those situations in which the guardianship of the minor or legal custody is committed to the department of children's services, in which case the order of the court having jurisdiction of the guardian proceedings or custodial proceedings under title 37 shall control.
Acts 1992, ch. 794, § 3; 1996, ch. 1079, § 67; T.C.A. § 34-11-102.
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 34-1-103 - Duties of department of children's services when no natural guardian, or child abandoned

(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.
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 34-1-105 - Bond

(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.
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 34-1-106 - Petition for appointment of fiduciary

(a)
The petition for the appointment of a fiduciary shall be served in accordance with the Tennessee Rules of Civil Procedure. The guardian ad litem appointed may serve the petition on the respondent.
(b)
The petitioner shall give notice to the closest relative of the respondent required to be named in the petition and to the person, if any, having care or custody of the respondent, institution, or residential provider with whom the respondent is living by certified mail or personal service in accordance with the Tennessee Rules of Civil Procedure. If, after reasonable effort, a postal address cannot be ascertained, a notification may be published in a newspaper of general circulation in the county where the petition is filed, or if there is no newspaper of general circulation published in the county, notice may be posted at the county courthouse, except where such petitions are filed by or on behalf of a regional mental health institute owned and operated by the department of mental health and substance abuse services or by or on behalf of the department of intellectual and developmental disabilities pertaining to an individual receiving home- and community-based waiver services or intermediate care facility/intellectual disability (ICF/ID) services.
Amended by 2021 Tenn. Acts, ch. 305, s 1, eff. 5/4/2021.
Amended by 2013 Tenn. Acts, ch. 435, s 8, eff. 7/1/2013.
Acts 1992, ch. 794, § 7; 1994, ch. 855, § 2; T.C.A. §34-11-106; Acts 2007 , ch. 8, § 7.
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 34-1-110 - Management of property - Inventory - Filing - Failure to file or appear - Revocation of authority

(a)
If the fiduciary is to manage the property of the minor or person with a disability, within sixty (60) days after appointment, the fiduciary shall file a sworn inventory containing a list of the property of the minor or person with a disability, together with the approximate fair market value of each property and a list of the source, amount and frequency of each item of income, pension, social security benefit or other revenue. If the required information was included in the petition but not separately stated as an inventory, the inventory shall repeat the information provided in the petition and add any later discovered property or income sources.
(b)
Unless the court has approved an extension of time for filing the inventory, if the fiduciary fails to file the inventory within the required time, the clerk shall promptly notify the fiduciary and the fiduciary's attorney of record. If after notice the inventory has not been filed thirty (30) days thereafter, the clerk shall cite the fiduciary to appear on a date certain and render the inventory. Upon failure to appear as cited, the fiduciary shall be summoned to appear before the court and show cause why the fiduciary should not be held in contempt.
(c)
Unless the court has authorized an extension of time to file the inventory, if a fiduciary who has been summoned does not respond within thirty (30) days of the date the summons was received by the fiduciary, the court may enter an order revoking the fiduciary's authority and appointing a substitute fiduciary.
Acts 1992, ch. 794, § 11; T.C.A. § 34-11-110.
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 34-1-112 - Compensation to fiduciary

(a)
The fiduciary may receive reasonable compensation for services rendered. The court shall set the actual compensation to be paid, taking into account:
(1)
The complexity of the property of the minor or person with a disability;
(2)
The amount of time the fiduciary spent in performing fiduciary duties;
(3)
Whether the fiduciary had to take time away from the fiduciary's normal occupation;
(4)
Whether the services provided the minor or person with a disability are those the fiduciary should normally have provided had there been no need for a fiduciary, and
(5)
Such other matters as the court deems appropriate.
(b)
No person, other than a person performing temporary fiduciary services while a proceeding is pending, who has not been appointed by the court to serve as a fiduciary shall receive any compensation for fiduciary services; however, this does not preclude payment for the necessary care of the minor or person with a disability.
(c)
No compensation to the fiduciary shall be paid without prior court approval.
Acts 1992, ch. 794, § 13; T.C.A. § 34-11-112.
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 34-1-113 - Payments by fiduciary

(a)
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.
(b)
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.
(c)
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:
(1)
They protected or benefited the minor or person with a disability or such person's property; or
(2)
That their payment is in the best interest of the minor or person with a disability.
(d)
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.
(e)
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.
Amended by 2013 Tenn. Acts, ch. 435, s 35, eff. 7/1/2013.
Acts 1992, ch. 794, § 14; 1994, ch. 855, §6; 1997 , ch. 319, § 1; T.C.A. § 34-11-113.
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 34-1-114 - Charging of costs of proceedings

(a)
The costs of the proceedings, which are the court costs, the guardian ad litem fee and expenses incurred by the guardian ad litem in conducting the required investigations, the required medical examination costs, and the attorney's fee for the petitioner, may, in the court's discretion, be charged against the property of the respondent to the extent the respondent's property exceeds the supplemental security income eligibility limit, or to the petitioner or any other party, or partially to any one or more of them as determined in the court's discretion. In exercising its discretion to charge some or all of the costs against the respondent's property, the fact a conservator is appointed or would have been appointed but for an event beyond the petitioner's control is to be given special consideration. The guardian ad litem fee and the attorney's fee for the petitioner shall be established by the court. If a fiduciary is cited for failure to file an inventory or accounting, the costs incurred in citing the fiduciary, in the discretion of the court, may be charged to and collected from the cited fiduciary.
(b)
If the principal purpose for bringing the petition is to benefit the petitioner and there would otherwise be little, if any, need for the appointment of a fiduciary, the costs of the proceedings may be assessed against the petitioner, in the discretion of the court.
(c)
Notwithstanding subsections (a) and (b), the petitioner is responsible for the court costs necessary for initiating proceedings, including filing fees and costs associated with required notices and publication. At any point in the proceedings, in the court's discretion, such costs may be charged according to subsection (a) and the petitioner may be reimbursed.
Amended by 2021 Tenn. Acts, ch. 305, s 5, eff. 5/4/2021.
Amended by 2013 Tenn. Acts, ch. 435, s 21, eff. 7/1/2013.
Acts 1992, ch. 794, § 15; 1994, ch. 855, §7; 1997 , ch. 407, § 4; T.C.A. §34-11-114; 2012 , ch. 917, § 1.
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 34-1-116 - Sale of property

(a)
Except as provided in subsections (b) and (d), no property of a minor or person with a disability may be sold without prior approval of the court that appointed the fiduciary.
(b)
Unless the fiduciary is holding tangible property for the benefit of a minor or person with a disability pursuant to the terms of a will, trust or other written document, the fiduciary has the authority to sell each item of tangible property with a fair market value of less than one thousand dollars ($1,000) or a motor vehicle without specific court approval.
(c)
No fiduciary, relative of a fiduciary, employee of a fiduciary, guardian ad litem or attorney for any party shall be a purchaser of property of the minor or person with a disability without court approval.
(d)
This section shall not apply to any fiduciary who is not required to file a property management plan or who has had its investment plans approved as part of its property management plan.
(e)
When the fiduciary seeks court approval for the sale of property, a copy of the pleading requesting approval of the sale shall be sent to the minor or person with a disability by certified mail with return receipt requested. Although not required, the court may appoint a guardian ad litem.
Acts 1992, ch. 794, § 17; 1994, ch. 855, § 9; T.C.A. § 34-11-116.
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 34-1-118 - 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.
Acts 1992, ch. 794, § 19; T.C.A. § 34-11-118.
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 34-1-119 - Standby fiduciary

(a)
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.
(b)
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.
(c)
Although there is no current need for the services of a fiduciary:
(1)
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
(2)
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.
Amended by 2013 Tenn. Acts, ch. 435, s 22, eff. 7/1/2013.
Acts 1992, ch. 794, §20; 1997 , ch. 407, § 5; T.C.A. § 34-11-119.
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 34-1-120 - 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.
Acts 1992, ch. 794, § 21; 1994, ch. 855, §11; 1997 , ch. 407, § 6; 1999, ch. 491, §7; T.C.A. § 34-11-120.
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 34-1-121 - Powers of court - Additional actions - Waiver of requirements - Compromise

(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.
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 34-1-122 - 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.
Amended by 2013 Tenn. Acts, ch. 435,s 41, eff. 7/1/2013.
Acts 1992, ch. 794, § 23; T.C.A. § 34-11-122.
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 34-1-123 - 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.
Acts 1992, ch. 794, § 24; T.C.A. § 34-11-123.
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 34-1-124 - 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.
Acts 1992, ch. 794, § 25; T.C.A. §
34-1-124
.
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 34-1-125 - Attorney ad litem

(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.
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 34-1-126 - 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.
Acts 1992, ch. 794, § 27; T.C.A. § 34-11-126.
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 34-1-127 - 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.
Amended by 2013 Tenn. Acts, ch. 435,s 42, eff. 7/1/2013.
Acts 1992, ch. 794, § 28; T.C.A. § 34-11-127.
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 34-1-128 - 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.
Acts 1992, ch. 794, § 29; T.C.A. § 34-11-128.
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 34-1-129 - 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:
(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.
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 34-1-130 - 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.
Acts 1992, ch. 794, § 31; T.C.A. § 34-11-130.
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 34-1-131 - 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.
Acts 1992, ch. 794, § 32; T.C.A. § 34-11-131.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 2 - GUARDIANSHIP GENERALLY (§§ 34-2-101 — 34-2-106) › Section 34-2-101 - Actions for appointment of guardian - Where brought

(a)
Actions for the appointment of only a guardian of the person may be brought in the juvenile court in the county in which there is venue. Actions for the appointment of a guardian of the person or property or both may be brought in a court exercising probate jurisdiction or any other court of record in the county in which there is venue.
(b)
An action for the appointment of a guardian may be brought in the county of residence of the minor, the county of residence of the minor's parents or, if the minor's parents are living apart, the county of residence of the custodial parent.
Acts 1992, ch. 794, § 34; T.C.A. § 34-12-101.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 2 - GUARDIANSHIP GENERALLY (§§ 34-2-101 — 34-2-106) › Section 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.
Acts 1992, ch. 794, § 35; T.C.A. § 34-12-102.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 2 - GUARDIANSHIP GENERALLY (§§ 34-2-101 — 34-2-106) › Section 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:
(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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 2 - GUARDIANSHIP GENERALLY (§§ 34-2-101 — 34-2-106) › Section 34-2-104 - Petition for appointment - Sworn - Contents

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 2 - GUARDIANSHIP GENERALLY (§§ 34-2-101 — 34-2-106) › Section 34-2-105 - Where guardian needed - Court order

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.