Tennessee Code 33-4-202 – Qualifications of guardian, conservator or trustee
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Terms Used In Tennessee Code 33-4-202
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Mental illness: means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities as defined in title 52. See Tennessee Code 33-1-101
- Serious emotional disturbance: means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology. See Tennessee Code 33-1-101
- Trustee: A person or institution holding and administering property in trust.
An employee appointed under this part as legal guardian, conservator, or trustee for a person shall have sufficient background to understand the person’s mental illness or serious emotional disturbance. Accepting an appointment may not be made a condition of employment unless the duties are a normal part of the employee’s duties and there is no conflict of interest. No employee may be appointed as legal guardian, conservator, or trustee of a person who is in the facility in which the employee works.