reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 3 - CONSERVATORSHIP GENERALLY (§§ 34-3-101 — 34-3-109) › Section 34-3-101 - Action for appointment of conservator - Where brought

(a)
Actions for the appointment of a conservator may be brought in a court exercising probate jurisdiction or any other court of record of any county in which there is venue.
(b)
(1)
An action for the appointment of a conservator shall be brought in the county of residence of the alleged person with a disability.
(2)
For purposes of subdivision (b)(1):
(A)
The county of residence of a person incarcerated in a department of correction facility is the county in which the facility is located; and
(B)
The county of residence of a person involuntarily hospitalized in an institution of the department of mental health and substance abuse services is the county in which the institution is located.
(c)
Nothing in this title shall be construed to supersede the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1, or the orders of the court pursuant to such act.
Amended by 2021 Tenn. Acts, ch. 133, s 1, eff. 4/13/2021.
Amended by 2013 Tenn. Acts, ch. 435, s 1, eff. 7/1/2013.
Acts 1992, ch. 794, § 41; T.C.A. § 34-13-101.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 3 - CONSERVATORSHIP GENERALLY (§§ 34-3-101 — 34-3-109) › Section 34-3-102 - Petition for appointment of conservator - Who may file

A petition for the appointment of a conservator may be filed by any person having knowledge of the circumstances necessitating the appointment of a conservator.
Acts 1992, ch. 794, § 42; T.C.A. 34-13-102.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 3 - CONSERVATORSHIP GENERALLY (§§ 34-3-101 — 34-3-109) › Section 34-3-103 - Priority of persons to be considered for appointment

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 3 - CONSERVATORSHIP GENERALLY (§§ 34-3-101 — 34-3-109) › Section 34-3-106 - Rights of respondent

The respondent has the right to:
(1)
On demand by respondent or the guardian ad litem, a hearing on the issue of disability;
(2)
Present evidence, including testimony or other evidence from a physician, psychologist or senior psychological examiner of the respondent's choosing, and confront, as a cross-examiner, witnesses;
(3)
Appeal the final decision on the petition with the assistance of an attorney ad litem or adversary counsel;
(4)
Attend any hearing;
(5)
Have an attorney ad litem appointed to advocate the interests of the respondent; and
(6)
Request a protective order placing under seal the respondent's financial information and any health information not otherwise protected by §
34-3-105(f)
.
Amended by 2021 Tenn. Acts, ch. 305, s 4, eff. 5/4/2021.
Amended by 2014 Tenn. Acts, ch. 799, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 435, s 28, eff. 7/1/2013.
Acts 1992, ch. 794, § 46; 1996, ch. 1015, § 2; T.C.A. § 34-13-106.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 3 - CONSERVATORSHIP GENERALLY (§§ 34-3-101 — 34-3-109) › Section 34-3-109 - Support of person with a disability's spouse or minor children

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-101 - Short title

This chapter shall be known and may be cited as the "Uniform Veterans' Guardianship Law."
Acts 1943, ch. 90, § 20; C. Supp. 1950, § 8558.1; T.C.A. (orig. ed.), § 34-901.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Administrator" means the administrator of veterans affairs of the United States, or the administrator's successor;
(2)
"Benefits" means all moneys paid or payable by the United States through the veterans administration;
(3)
"Estate" means income on hand and assets acquired partially or wholly with "income";
(4)
"Guardian" means any fiduciary for the person or estate of a ward;
(5)
"Income" means moneys received from the veterans administration and revenue or profit from any property wholly or partially acquired with those moneys;
(6)
"Person" means an individual, a partnership, a corporation or an association;
(7)
"Veterans administration" means the veterans administration, its predecessors or successors; and
(8)
"Ward" means a beneficiary of the veterans administration.
Acts 1943, ch. 90, § 1; C. Supp. 1950, § 8558.2 (Williams, §8541); T.C.A. (orig. ed.), § 34-902.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-103 - Administrator as party in interest

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-104 - Appointment of guardian when necessary prior to payment of benefits

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-105 - Limitation on number of wards

(a)
No person, other than a bank or trust company, shall be guardian of more than twelve (12) wards at one time, unless all wards are members of one family.
(b)
Upon presentation of a petition by an attorney of the department of veterans services or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than twelve (12) wards as provided in subsection (a) and requesting the guardian's discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from the guardian and shall discharge the guardian from guardianships in excess of twelve (12), after first having appointed a successor.
Acts 1943, ch. 90, § 4; C. Supp. 1950, § 8558.5 (Williams, §8543); T.C.A. (orig. ed.), § 34-905; Acts 1990, ch. 623, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-106 - Petition for appointment of guardian

(a)
A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file a petition within thirty (30) days after mailing of notice by the veterans administration to the last known address of the person, if any, indicating the necessity for the appointment, a petition for appointment may be filed by any resident of this state.
(b)
The petition for appointment shall set forth the name, age and place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the veterans administration, and shall set forth the amount of moneys then due and the amount of probable future payments.
(c)
The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and, if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.
(d)
In the case of a mentally incompetent ward, the petition shall show that the ward has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration.
Acts 1943, ch. 90, § 5; C. Supp. 1950, § 8558.6 (Williams, §8544); T.C.A. (orig. ed.), § 34-906.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-107 - Evidence of necessity for guardian of minor

Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or the administrator's authorized representative, setting forth the age of the minor as shown by the records of the veterans administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the veterans administration, shall be prima facie evidence of the necessity for the appointment.
Acts 1943, ch. 90, § 6; C. Supp. 1950, § 8558.7 (Williams, §8545); T.C.A. (orig. ed.), § 34-907.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-108 - Evidence of necessity for guardian for incompetent

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-109 - Notice of petition for appointment

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-110 - Bond of guardian

(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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-112 - Failure to account or furnish copies - Penalty

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-113 - Compensation of guardians

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-115 - Time allowed to make investment

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-116 - Maintenance and support

A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of the petition shall be furnished the proper office of the veterans administration and notice of hearing on the petition shall be given the office as provided in the case of hearing on a guardian's account or other pleading.
Acts 1943, ch. 90, § 15; C. Supp. 1950, § 8558.16 (Williams, §8553); T.C.A. (orig. ed.), § 34-916.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-117 - Copies of public records to be furnished

When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, the official custodian of that public record shall, without charge, provide the applicant for those benefits, or any person acting on the applicant's behalf, or the authorized representative of the veterans administration with a certified copy of the record.
Acts 1943, ch. 90, § 16; C. Supp. 1950, § 8558.17 (Williams, §8554); T.C.A. (orig. ed.), § 34-917.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-119 - Discharge of guardian and release of sureties

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-120 - Uniform construction

This chapter shall be so construed as to make uniform the laws of those states that enact it.
Acts 1943, ch. 90, § 19; C. Supp. 1950, § 8558.20 (Williams, §8558); T.C.A. (orig. ed.), § 34-920.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-121 - Application of other laws

Except where inconsistent with this chapter, the laws of this state relating to guardian and ward and the judicial practice relating to those laws, including the right to trial by jury and the right of appeal, shall be applicable to beneficiaries and their estate.
Acts 1943, ch. 90, § 22; mod. C. Supp. 1950, § 8558.21 (Williams, § 8558.3); T.C.A. (orig. ed.), § 34-921.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 5 - UNIFORM VETERANS' GUARDIANSHIP LAW (§§ 34-5-101 — 34-5-122) › Section 34-5-122 - Application of chapter

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 1 - UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 34-6-101 — 34-6-112) › Section 34-6-101 - Short title - Construction of part

(a)
This part shall be known and may be cited as the "Uniform Durable Power of Attorney Act."
(b)
This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it. Nothing in this part shall be construed as abolishing or otherwise adversely affecting the conservatorship law or limited guardianship.
Acts 1983, ch. 299, §§ 1, 8; T.C.A., §§ 34-13-101,
34-6-107
.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 1 - UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 34-6-101 — 34-6-112) › Section 34-6-102 - "Durable power of attorney" defined

A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney in fact in writing and the writing contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal," or "This power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable, notwithstanding the principal's subsequent disability or incapacity.
Acts 1983, ch. 299, § 2; T.C.A., § 34-13-102.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 1 - UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 34-6-101 — 34-6-112) › Section 34-6-103 - Effect of acts done by attorney

All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successor in interest as if the principal were competent and not disabled.
Acts 1983, ch. 299, § 3; T.C.A., § 34-13-103.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 1 - UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 34-6-101 — 34-6-112) › Section 34-6-104 - Effect of appointment of conservator, guardian or other fiduciary - Nomination by principal

(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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 1 - UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 34-6-101 — 34-6-112) › Section 34-6-105 - Effect of death, disability or incapacity of principal

(a)
The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal.
(b)
The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(c)
As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under either a durable power of attorney, stating that the attorney in fact does not have actual knowledge of the termination of the durable power of attorney by revocation or death of the principal at the time of the exercise of the power, or a power of attorney that is not durable, stating that the attorney in fact does not have actual knowledge of the termination of the power of attorney by revocation or disability, incapacity or death of the principal at the time of the exercise of the power, is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This subsection (c) does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation in the principal's capacity.
Acts 1983, ch. 299, §§ 5, 6; T.C.A., §§ 34-13-105, 34-13-106; Acts 2007, ch. 8, § 8.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 1 - UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 34-6-101 — 34-6-112) › Section 34-6-106 - Bond

(a)
The next of kin of any principal who has executed a durable power of attorney under this part may, upon the disability or incapacity of the principal, petition a court of competent jurisdiction to require a bond of the attorney in fact.
(b)
If, after consideration of the interests of all parties involved, the court deems a bond necessary, it shall have the authority to order the attorney in fact to execute a bond in an amount deemed appropriate by the court.
Acts 1983, ch. 299, § 7; T.C.A., § 34-13-107.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 1 - UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 34-6-101 — 34-6-112) › Section 34-6-107 - Fiduciary relationship of attorney in fact with the principal

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 1 - UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 34-6-101 — 34-6-112) › Section 34-6-108 - Incorporation of statutory attorney in fact - Powers by reference

(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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 1 - UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 34-6-101 — 34-6-112) › Section 34-6-110 - Gifts under power of attorney

(a)
If any power of attorney or other writing:
(1)
Authorizes an attorney-in-fact or other agent to do, execute or perform any act that the principal might or could do; or
(2)
Evidences the principal's intent to give the attorney-in-fact or agent full power to handle the principal's affairs or to deal with the principal's property;
then the attorney-in-fact or agent shall have the power and authority to make gifts, in any amount, of any of the principal's property, to any individuals, or to organizations described in §§ 170(c) and 2522(a) of the Internal Revenue Code (
26 U.S.C. §§ 170
and
2522
), or corresponding future provisions of the federal tax law, or both, in accordance with the principal's personal history of making or joining in the making of lifetime gifts. This section shall not in any way limit the right or power of any principal, by express words in the power of attorney or other writing, to authorize, or limit the authority of, any attorney-in-fact or other agent to make gifts of the principal's property.
(b)
If subsection (a) does not apply, an attorney-in-fact or other agent acting under a durable general power of attorney or other writing may petition a court of the principal's domicile for authority to make gifts of the principal's property to the extent not inconsistent with the express terms of the power of attorney or other writing. The court shall determine the amounts, recipients and proportions of any gifts of the principal's property after considering all relevant factors including, without limitation:
(1)
The value and nature of the assets of the principal's estate;
(2)
The principal's foreseeable obligations and maintenance needs;
(3)
The principal's existing estate plan; and
(4)
The gift and estate tax effects of the gifts.
(c)
This section is declaratory of existing law in this state; provided, that this section shall not be construed as authorizing the refund of any taxes imposed by title 67, chapter 8.
Acts 1997 , ch. 407, § 8.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 1 - UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 34-6-101 — 34-6-112) › 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

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.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 1 - UNIFORM DURABLE POWER OF ATTORNEY ACT (§§ 34-6-101 — 34-6-112) › Section 34-6-112 - Access to electronic communications

Subject to the Revised Uniform Fiduciary Access to Digital Assets Act, compiled in title 35, chapter 8, if any power of attorney expressly grants an attorney-in-fact or other agent authority over the content of an electronic communication of the principal, then the attorney-in-fact or other agent shall have the power and authority to access the content of an electronic communication that the custodian is permitted to disclose under the Electronic Communications Privacy Act (
18 U.S.C. § 2702(b)
). For purposes of this section, "content of an electronic communication," "custodian," and "electronic communication" have the same meaning as defined in the Revised Uniform Fiduciary Access to Digital Assets Act.
Added by 2016 Tenn. Acts, ch. 570,s 22, eff. 7/1/2016.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Durable power of attorney for health care" means a durable power of attorney to the extent that it authorizes an attorney in fact to make health care decisions for the principal;
(2)
"Health care" means any care, treatment, service or procedure to maintain, diagnose or treat an individual's physical or mental condition, and includes medical care as defined in §
32-11-103
;
(3)
"Health care decision" means consent, refusal of consent or withdrawal of consent to health care;
(4)
"Health care institution" means a health care institution as defined in §
68-11-1602
;
(5)
"Health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession; and
(6)
"Person" includes an individual, corporation, partnership, association, the state, a city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.
Acts 1990, ch. 831, § 2.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-202 - Applicability of part

(a)
A durable power of attorney for health care executed after July 1, 1991, is effective to authorize the attorney in fact to make health care decisions for the principal only if the power of attorney complies with this part.
(b)
A durable power of attorney for health care executed after April 8, 1990, and before July 1, 1991, is effective to authorize the attorney in fact to make health care decisions for the principal if the power of attorney was executed in compliance with this part as in effect on that date.
(c)
A durable power of attorney executed before April 9, 1990, that specifically authorizes the attorney in fact to make decisions relating to the medical or health care of the principal is deemed to be valid under this part, notwithstanding that it fails to comply with all of the requirements of this part.
(d)
Nothing in this part affects the validity of a decision made under a durable power of attorney before April 9, 1990.
(e)
Any durable power of attorney for health care properly executed before May 5, 1995, shall be enforceable notwithstanding any failure to notarize signatures of witnesses to the instrument.
Acts 1990, ch. 831, § 3; 1991, ch. 344, § 9; 1995, ch. 177, § 15.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-204 - Attorney in fact - Powers - Limitations

(a)
(1)
Unless the durable power of attorney for health care provides otherwise, or unless a court with appropriate jurisdiction finds by clear and convincing evidence that the attorney in fact is acting on behalf of the principal in bad faith, the attorney in fact designated in the durable power of attorney who is known to the health care provider to be available and willing to make health care decisions has priority over any other person to act for the principal in all matters of health care decisions.
(2)
(A)
Notwithstanding the Uniform Durable Power of Attorney Act, compiled in part 1 of this chapter, if a court appoints a conservator, guardian of the estate or other fiduciary, that fiduciary shall not have the power to revoke or amend a durable power of attorney for health care nor replace the attorney in fact designated in a power of attorney for health care.
(B)
Upon application and good cause shown, when appointing a conservator, guardian of the estate or other fiduciary, a court may revoke or amend a durable power of attorney for health care or replace the attorney in fact designated in the power.
(b)
Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in the durable power of attorney may make health care decisions for the principal, before or after the death of the principal, to the same extent as the principal could make health care decisions for the principal if the principal had the capacity to do so, including:
(1)
Making a disposition under the Uniform Anatomical Gift Act, compiled in title 68, chapter 30;
(2)
Authorizing an autopsy pursuant to the Post Mortem Examination Act, compiled in title 38, chapter 7; and
(3)
Directing the disposition of remains pursuant to title 68, chapter 4.
(c)
Nothing in this part affects any right the person designated as attorney in fact may have, apart from the durable power of attorney for health care, to make or participate in the making of health care decisions on behalf of the principal.
(d)
Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in such durable power of attorney may make health care decisions as provided in this part for the principal who has a terminal condition as defined in §
32-11-103
. The decision to withhold or withdraw health care may be made by the attorney in fact permitting the principal to die naturally with only the administration of palliative care as defined in §
32-11-103
.
Acts 1990, ch. 831, § 5; 1991, ch. 344, § 11; 2004, ch. 771, § 2.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-205 - Warning Statement

If a person other than the principal prepares a durable power of attorney for health care for the principal, the document shall contain the following warning statement. The failure to include the warning statement in the document shall not affect the validity of the document:
WARNING TO PERSON EXECUTING THIS DOCUMENT
This is an important legal document. Before executing this document you should know these important facts.
This document gives the person you designate as your agent (the attorney in fact) the power to make health care decisions for you. Your agent must act consistently with your desires as stated in this document.
Except as you otherwise specify in this document, this document gives your agent the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive.
Notwithstanding this document, you have the right to make medical and other health care decisions for yourself so long as you can give informed consent with respect to the particular decision. In addition, no treatment may be given to you over your objection, and health care necessary to keep you alive may not be stopped or withheld if you object at the time.
This document gives your agent authority to consent, to refuse to consent, or to withdraw consent to any care, treatment, service, or procedure to maintain, diagnose or treat a physical or mental condition. This power is subject to any limitations that you include in this document. You may state in this document any types of treatment that you do not desire. In addition, a court can take away the power of your agent to make health care decisions for you if your agent:
(1)
authorizes anything that is illegal; or
(2)
acts contrary to your desires as stated in this document.
You have the right to revoke the authority of your agent by notifying your agent or your treating physician, hospital or other health care provider orally or in writing of the revocation.
Your agent has the right to examine your medical records and to consent to their disclosure unless you limit this right in this document.
Unless you otherwise specify in this document, this document gives your agent the power after you die to:
(1)
authorize an autopsy;
(2)
donate your body or parts thereof for transplant or therapeutic or educational or scientific purposes; and
(3)
direct the disposition of your remains.
If there is anything in this document that you do not understand, you should ask an attorney to explain it to you.
Acts 1990, ch. 831, § 5.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-206 - [Effective Until 7/1/2024] Access to medical records and information

Except to the extent the right is limited by the durable power of attorney for health care, an attorney in fact designated to make health care decisions under the durable power of attorney has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records, and to consent to the disclosure of medical records.
Acts 1990, ch. 831, § 6.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-206 - [As Amended by 2024Tenn. Acts, ch.766] [Effective 7/1/2024] Access to medical records and information

(a)
Except to the extent the right is limited by the durable power of attorney for health care, an attorney in fact designated to make health care decisions under the durable power of attorney has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records, and to consent to the disclosure of medical records.
(b)
(1)
Except as provided in subdivisions (b)(2) and (b)(4)-(6), an attorney in fact designated to make healthcare decisions under a durable power of attorney for health care has a right to in-person visitation with the principal at a hospital where the principal is located to evaluate the principal's condition. A hospital shall permit the attorney in fact to conduct no less than one (1) in-person visit with the principal during the hospital's regular visitation hours each day the principal is in the hospital. The hospital shall make a reasonable effort to ensure that each visit is a minimum of one (1) hour in duration.
(2)
A hospital may require that an attorney in fact who is entering the hospital's premises for purposes of visitation pursuant to subdivision (b)(1) submit to non-invasive health and safety protocols.
(3)
Except as provided in subdivisions (b)(4)-(6), the visitation right specified in subdivision (b)(1) must not be terminated, suspended, waived, or otherwise limited upon the declaration of a disaster or emergency by the governor or the governor's designee, or by another individual or entity acting on behalf of this state or a political subdivision of this state.
(4)
The principal may limit the visitation right specified in subdivision (b)(1) by:
(A)
Indicating such limitation in the durable power of attorney for healthcare; or
(B)
Notifying the healthcare provider orally or in writing that the principal declines a visit.
(5)
The visitation right specified in subdivision (b)(1) does not apply to a principal who, while in the hospital, is being detained by or is in the custody of a law enforcement officer, correctional officer, or hospital security personnel.
(6)
The hospital may limit the visitation right specified in subdivision (b)(1) while the principal is undergoing a surgical or other invasive procedure.
(7)
As used in this subsection (b), "hospital" has the same meaning as defined in § 68-11-201.
Amended by 2024 Tenn. Acts, ch. 766,s 1, eff. 7/1/2024.
Acts 1990, ch. 831, § 6.
This section is set out more than once due to postponed, multiple, or conflicting amendments.