§ 34-1-101 Chapter 1-3 definitions
§ 34-1-102 Parents as joint and equal natural guardians of minors — Custody of minors — Support of minors over eighteen (18) years of age in high school — Property of minor — Incapacity of parents — Divorce — Commitment of guardianship to county — Guardianshi
§ 34-1-103 Duties of department of children’s services when no natural guardian, or child abandoned
§ 34-1-104 Letters of guardianship or conservatorship — Disposition of funds of minor under $25,000 — Discharge of paying entities — Order of distribution — Distribution of funds — Direction of funds into trust
§ 34-1-105 Bond
§ 34-1-106 Petition for appointment of fiduciary
§ 34-1-107 Guardian ad litem
§ 34-1-108 Hearings on petitions — Notice
§ 34-1-109 When fiduciary’s appointment becomes effective — Evidence of appointment — Liability — Fiduciary oath
§ 34-1-110 Management of property — Inventory — Filing — Failure to file or appear — Revocation of authority
§ 34-1-111 Accounting with court — Failure to account
§ 34-1-112 Compensation to fiduciary
§ 34-1-113 Payments by fiduciary
§ 34-1-114 Charging of costs of proceedings
§ 34-1-115 Investments — Trust — Management plan — Court approval — Waiver
§ 34-1-116 Sale of property
§ 34-1-117 Resignation of fiduciary — Transfer of fiduciary relationship
§ 34-1-118 Persons receiving property — Receipt for property — Filing
§ 34-1-119 Standby fiduciary
§ 34-1-120 When people may be appointed fiduciary — Eligible persons
§ 34-1-121 Powers of court — Additional actions — Waiver of requirements — Compromise
§ 34-1-122 Distributions to persons other than minor — Gift program
§ 34-1-123 Summons to appear for abuse, mismanagement or failure to perform — Removal — Submission of matter to district attorney general’s office
§ 34-1-124 No fiduciary appointed — Expunction of record
§ 34-1-125 Attorney ad litem
§ 34-1-126 Finding of disablement and need of assistance prerequisite for appointment of fiduciary
§ 34-1-127 Least restrictive alternative to be imposed
§ 34-1-128 Duties of court clerk — Records — Index — Deadlines — Notices and summons
§ 34-1-129 Letters of conservatorship or guardianship — Limited
§ 34-1-130 Forms or instructions — Inventory, receipts and expenditures
§ 34-1-131 Examination of annual accounting — Report to judge
§ 34-1-132 Appointment of emergency guardian or conservator
§ 34-1-133 Expedited limited healthcare fiduciary

Terms Used In Tennessee Code > Title 34 > Chapter 1 - Guardianships and Conservatorships Generally

  • 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
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agriculture: means :

    • (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

    • Air contaminant: means particulate matter, dust, fumes, gas, mist, smoke, or vapor, or any combinations thereof. See Tennessee Code 68-201-102
    • Air contaminant source: means any and all sources of emission of air contaminants, whether privately or publicly owned or operated. See Tennessee Code 68-201-102
    • Air pollution: means presence in the outdoor atmosphere of one (1) or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property. See Tennessee Code 68-201-102
    • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
    • Amortization: Paying off a loan by regular installments.
    • 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.
    • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    • Attorney ad litem: means an attorney appointed by the court to act as counsel for the respondent. See Tennessee Code 34-1-101
    • Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
    • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
    • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
    • Board: means the air pollution control board. See Tennessee Code 68-201-102
    • closest relatives: means the person or persons who are in the level of intestate heirs nearest to the respondent under the Tennessee laws of intestate succession. See Tennessee Code 34-1-101
    • co-conservators: means a person or persons or an entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity as determined and required by the orders of the court. See Tennessee Code 34-1-101
    • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
    • coguardian: means a person or persons appointed by the court to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor. See Tennessee Code 34-1-101
    • Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
    • Commissioner: means the commissioner of environment and conservation or the commissioner's duly authorized representative or, in the event of such person's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-201-102
    • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
    • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
    • 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
    • Conviction: A judgement of guilt against a criminal defendant.
    • Corporate surety: means a corporation admitted to do business in the state and licensed under title 56, chapter 2. 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.
    • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
    • Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
    • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
    • Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
    • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    • Department: means the department of environment and conservation. See Tennessee Code 68-201-102
    • disabled: means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve (12) months. See Tennessee Code 8-34-101
    • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
    • Docket: A log containing brief entries of court proceedings.
    • Employer: means :

      • (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101

      • 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.
      • Ex officio: Literally, by virtue of one's office.
      • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
      • Fiduciary: means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in §. See Tennessee Code 34-1-101
      • FIMR: means the Tennessee fetal and infant mortality review program. See Tennessee Code 68-142-203
      • Financial institution: means a bank as defined by §. See Tennessee Code 34-1-101
      • Firefighter: means a person in the employ of a political subdivision participating under chapter 35, part 2 of this title who is a member of the fire department of such political subdivision, and is trained in firefighting and actively engaged in such work or subject to call for such services, providing such person's primary livelihood is derived from such work. See Tennessee Code 8-34-101
      • Fraud: Intentional deception resulting in injury to another.
      • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
      • 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.
      • Guardian ad litem: means a person meeting the qualifications set forth in §. See Tennessee Code 34-1-101
      • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
      • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
      • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
      • Intestate: Dying without leaving a will.
      • 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
      • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
      • Minor: has the meaning set forth in §. See Tennessee Code 8-34-101
      • Minor: means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated. See Tennessee Code 34-1-101
      • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
      • Month: means a calendar month. See Tennessee Code 1-3-105
      • Oath: includes affirmation. See Tennessee Code 1-3-105
      • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
      • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
      • Person: means any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
      • Person: means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, an agency, authority, commission or department of the United States government or of the state of Tennessee government, or any other legal entity, or their legal representative, agent, or assigns. See Tennessee Code 68-201-102
      • 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
      • 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
      • Physician: means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in the state of Tennessee. See Tennessee Code 34-1-101
      • Political subdivision: means any municipality, city, incorporated town, county, district or authority, or any portion or combination of two (2) or more thereof. See Tennessee Code 68-201-102
      • Property management plan: means the plan submitted by the fiduciary for the investment and management of the property of a minor or person with a disability. See Tennessee Code 34-1-101
      • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
      • Psychologist: means a psychologist who is licensed to practice in the state of Tennessee. See Tennessee Code 34-1-101
      • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
      • Quorum: The number of legislators that must be present to do business.
      • Receiving agency: means any department or agency of the federal government or a state government which receives an employee of another government under this part. See Tennessee Code 8-50-402
      • Regulations: means the standards, policies, rules and regulations promulgated by the board to attain and maintain ambient air quality standards within the intent and purpose of this part. See Tennessee Code 68-201-102
      • 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
      • 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
      • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
      • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
      • Sending agency: means any department or agency of the federal government or a state government which sends any employee thereof to another government agency under this part. See Tennessee Code 8-50-402
      • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §§ 3-401 and 3-406. See Tennessee Code 8-34-101
      • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
      • 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
      • State: means the state of Tennessee. See Tennessee Code 8-34-101
      • Statute: A law passed by a legislature.
      • Student: means any person enrolled in a course of study in a school or in a post-secondary educational institution who as a condition of such enrollment is employed in a full-time position. See Tennessee Code 8-34-101
      • Summons: Another word for subpoena used by the criminal justice system.
      • Technical secretary: means the technical secretary of the air pollution control board. See Tennessee Code 68-201-102
      • Testator: A male person who leaves a will at death.
      • Testify: Answer questions in court.
      • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
      • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
      • Trustee: A person or institution holding and administering property in trust.