Tennessee Code 34-1-127 – Least restrictive alternative to be imposed
Current as of: 2023 | Check for updates
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Terms Used In Tennessee Code 34-1-127
- Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
- Least restrictive alternatives: means techniques and processes that preserve as many decision-making rights as practical under the particular circumstances for the person with a disability. See Tennessee Code 34-1-101
- Person: means any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
- Person with a disability: means any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity. See Tennessee Code 34-1-101
- Property: includes both personal and real property. See Tennessee Code 1-3-105
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.