§ 34-1-122. Distributions to Persons Other Than Minor — Gift Program
In considering expenditures of income or principal of the property of the minor or person with a disability, the court may authorize distributions to persons other than the minor or person with a disability if the court determines the expenditures are in the best interests of the minor or person with a disability. In making […]
§ 34-1-123. Summons to Appear for Abuse, Mismanagement or Failure to Perform — Removal — Submission of Matter to District Attorney General’s Office
The court in its discretion may summon a fiduciary to appear before the court and may, if cause be shown, remove the fiduciary for any abuse, mismanagement, neglect or failure to perform the duties of fiduciary as set forth in this chapter, and chapters 2 and 3 of this title. If the court determines title […]
§ 34-1-124. No Fiduciary Appointed — Expunction of Record
If an action for the appointment of a fiduciary is brought but no fiduciary is appointed, the court may for good cause enter an order permitting expunction of the record.
§ 34-1-125. Attorney Ad Litem
The court shall appoint an attorney ad litem to represent the respondent on the respondent’s request, upon the recommendation of the guardian ad litem or if it appears to the court to be necessary to protect the rights or interests of the respondent. The attorney ad litem shall be an advocate for the respondent in […]
§ 34-1-126. Finding of Disablement and Need of Assistance Prerequisite for Appointment of Fiduciary
The court must find by clear and convincing evidence that the respondent is fully or partially disabled and that the respondent is in need of assistance from the court before a fiduciary can be appointed.
§ 34-1-127. Least Restrictive Alternative to Be Imposed
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.
§ 34-1-115. Investments — Trust — Management Plan — Court Approval — Waiver
A fiduciary is limited in its investments to the investments permitted by title 35, chapter 3 unless estate funds or property, or both, are transferred to a trust created pursuant to the Tennessee Uniform Trust Code, compiled in title 35, chapter 15. All funds held by a fiduciary shall be invested within forty-five (45) days […]
§ 34-1-116. Sale of Property
Except as provided in subsections (b) and (d), no property of a minor or person with a disability may be sold without prior approval of the court that appointed the fiduciary. Unless the fiduciary is holding tangible property for the benefit of a minor or person with a disability pursuant to the terms of a […]
§ 34-1-117. Resignation of Fiduciary — Transfer of Fiduciary Relationship
A fiduciary may resign by submitting a written request to the court. If the court approves and the fiduciary submits a final accounting that is approved, the resignation of the fiduciary shall be effective on the date set by the court. For minors, the court shall permit the transfer of the fiduciary relationship to another […]
§ 34-1-108. Hearings on Petitions — Notice
Except as provided in subsection (b), the hearing on a petition shall be held not less than seven (7) nor more than sixty (60) days from the date of service on the respondent or the date the guardian ad litem was appointed, whichever is later. The hearing date may be extended on motion showing good […]