(a) The duties and powers of the district public guardian are as follows:
Terms Used In Tennessee Code 34-7-104
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
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.
Person: means any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
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
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. 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
(1) To serve as conservator for disabled persons who are sixty (60) years of age or older who have no family members or other person, bank or corporation willing and able to serve as conservator;(2) The district public guardian does not have any power or authority beyond that set forth for a conservator in chapters 1, 2 and 3 of this title; and(3) To provide for the least intrusive alternatives, the district public guardian may accept power of attorney.(b) The district public guardian may employ sufficient staff to carry out the duties of the office.(c) The district public guardian may delegate to staff members the powers and duties of the office of district public guardian except as otherwise limited by law. The district public guardian retains ultimate responsibility for the discharge of required duties and responsibilities.(d)(1) A district public guardian may accept the services of volunteer persons and organizations, and raise money to supplement operating costs.(2) The department of disability and aging, in consultation with the departments of human services and health, may develop and implement a statewide program to recruit, train, assign, supervise and evaluate volunteer persons to assist district public guardians in maintaining the independence and dignity of their elderly wards. In developing and implementing this statewide program, the department of disability and aging shall solicit input and resources from interested organizations, including, but not necessarily limited to, community senior citizen centers, churches and synagogues having senior projects and programs under the auspices of the American Association of Retired Persons. Each volunteer shall possess demonstrated personal characteristics of honesty, integrity, compassion and caring for the elderly. The background of each volunteer shall be subject to appropriate inquiry and investigation. Volunteers shall receive no salary but may be reimbursed by the department of disability and aging for travel and other expenses incurred directly as a result of the performance of volunteer services.(e) If the disabled person qualifies for SSI benefits, no charge will be made against the disabled person’s estate for court costs or fees of any kind. Under no circumstances may court costs be assessed to the public guardianship program.(f) If the disabled person does not qualify for SSI benefits, costs and compensation of the district public guardian shall be determined under §§ 34-1-112 and 34-1-114.(g)(1) All funds received on behalf of a disabled person by the district public guardianship program shall be handled under a computerized accounting package approved by the department of disability and aging, and shall be audited annually by the state.(2) All other assets received by the district public guardian shall be handled in accordance with state laws, rules and court regulation or regulations as to disposition of property and record keeping.(3) Upon termination of the conservatorship, all assets remaining in the estate shall be paid over to the disabled person or to the disabled person’s legal representative.(h) While performing conservatorship duties, the district public conservator shall continue to seek a family member, friend, other person, bank or corporation qualified and willing to serve as conservator. If such an individual, bank or corporation is located, the district public conservator shall submit a motion to the court for appointment of the qualified and willing successor conservator.(i) A person appointed successor district public guardian immediately succeeds to all rights, duties, responsibilities and powers of the preceding district public guardian.(j) When the position of district public guardian is vacant, subordinate personnel employed under subsection (c) shall continue to act as if the position of district public guardian were filled.(k) A district public guardian shall be required to post bond in individual cases in accordance with § 34-1-105. The department of disability and aging shall arrange out of the program budget to purchase a statewide bond that shall ensure the fiduciary responsibilities of the district public guardian in all court appointed cases.(l) The district public guardian shall adhere to all state laws that are applicable to conservatorship.(m) To ensure adequate services for each disabled person, the district public guardian shall submit certification to the court when maximum caseload has been attained, and the court shall not assign additional disabled persons while maximum caseload is maintained. Maximum caseload shall be certified by the department of disability and aging upon review of verifying documentation submitted by the district public guardian and the grantee agency director. The district public guardian must notify the court when caseload has been reduced to less than maximum load.(n)(1) Notwithstanding subsection (a) to the contrary, the commissioner of the department of disability and aging and disability may request the district public guardian to serve as a conservator for disabled persons who are younger than sixty (60) years of age if the following conditions are met:
(A) The request is made through a court; and(B) The court has found on the record that:
(i) There are no other less intrusive alternatives available for the disabled person; and(ii) The disabled person has no family members or other person, bank, or corporation willing and able to serve as conservator.(2) Should the district public guardian take on the responsibilities of a guardian for a disabled person pursuant to subdivision (n)(1), the guardian must adhere, in performing the guardian’s duty, to all provisions of this chapter and to all applicable state laws.
