The respondent has the right to:

(1) On demand by respondent or the guardian ad litem, a hearing on the issue of disability;

Terms Used In Tennessee Code 34-3-106

  • 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
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attorney ad litem: means an attorney appointed by the court to act as counsel for the respondent. 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.
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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).
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