(a) At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held under the conservatorship to the absentee or to the designated attorney in fact.
Terms Used In Tennessee Code 30-3-210
- absentee: is:
(1) Any person serving in or with the armed forces of the United States, in or with the Red Cross, in or with the merchant marines or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one (1) year thereafter, who has been reported or listed as missing in action, interned in a neutral country, beleaguered, besieged or captured by the enemy. See Tennessee Code 30-3-201
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: includes both personal and real property. See Tennessee Code 1-3-105
- Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
- signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
- Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) Likewise, if at any time subsequent to the appointment of a conservator it appears that the absentee has died and a personal representative has been appointed for the absentee’s estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held under the conservatorship to the personal representative.
- absentee: is:
(c) When the need for a conservatorship terminates, the conservator shall promptly file final accountings and application for discharge with the court. If it appears to the court that the accountings are correct and that the conservator has made full and complete transfer of the absentee’s assets as directed, the court may approve the accountings and discharge the conservator. If objections to the accountings are filed, the judge shall conduct a hearing under the same conditions for a hearing on objections to annual accountings.
(d) The discharge shall operate as a release from the duties of the conservatorship and as a bar to any suit against the conservator or the conservator’s surety, unless the suit is commenced within one (1) year from the date of discharge.