(a) If the respondent has been examined not more that ninety (90) days prior to the filing of the petition and the examination is pertinent, then the examination report must be submitted with the petition. If the respondent has not been examined within ninety (90) days of the filing of the petition, cannot get out to be examined, or refuses to be voluntarily examined, then the court shall order the respondent to submit to examination by an examiner identified in the petition or, if no examiner is identified in the petition, by an examiner selected by the court. The examiner on completing the examination shall send the examination report to the court with copies to the petitioner and the guardian ad litem, if one has been appointed. The examiner’s examination report must be sworn.
Terms Used In Tennessee Code 34-3-105
Adversary counsel: means a private lawyer hired by a respondent to represent the respondent's interest in any action under this chapter and chapters 2 and 3 of this title. See Tennessee Code 34-1-101
Conservatorship: is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators. See Tennessee Code 34-1-101
Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
Physician: means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state. See Tennessee Code 34-1-101
Psychologist: means a psychologist who is licensed to practice in this state. See Tennessee Code 34-1-101
Respondent: means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought. See Tennessee Code 34-1-101
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) On motion by the petitioner, the respondent, the adversary counsel, the guardian ad litem, if one has been appointed, or on its own initiative, the court may order the respondent to submit to examination by an examiner or other specialists who have expertise in the specific disability of the respondent. The examiner or other specialist shall send the sworn examination report to the court with copies to the petitioner and the guardian ad litem, if one has been appointed. The court may assess the cost of the second examination against the property of the respondent or against the person requesting the examination report.(c) Each sworn examination report must contain the following
(1) The respondent’s medical history; provided, that this subdivision (c)(1) shall not be construed to expand the examiner’s scope of practice;(2) A description of the nature and type of the respondent’s disability;(3) An opinion as to whether a conservator is needed and the type and scope of the conservator with specific statement of the reasons for the recommendation of conservatorship; and(4) Any other matters as the court deems necessary or advisable.(d) The sworn examination report shall be prima facie evidence of the respondent’s disability and need for the appointment of a fiduciary unless the report is contested and found to be in error.(e) If upon an additional finding that the person with a disability poses a threat to self or others in accordance with the mental health law, title 33, a court of competent jurisdiction may order a commitment to involuntary care and treatment.(f) Reports and documents prepared under this section are confidential and are not open for inspection by the public. However, this section does not:
(1) Limit the respondent or the respondent’s agent or attorney from having access to any such reports or documents about the respondent; or(2) Prohibit an investigative body from accessing any such reports or documents as authorized or required by law.(g) As used in this section:
(1) “Examination report” means the written report by the examiner of the evaluation of the respondent;(2) “Examine” means the respondent has been evaluated by an examiner;(3) “Examiner” means a physician, psychologist, or senior psychological examiner; and(4) “Sworn” means sworn before a notary public or declared under penalty of perjury as set forth in Tennessee Rules of Civil Procedure, Rule 72.
