§ 34-1-114. Charging of Costs of Proceedings
The costs of the proceedings, which are the court costs, the guardian ad litem fee and expenses incurred by the guardian ad litem in conducting the required investigations, the required medical examination costs, and the attorney’s fee for the petitioner, may, in the court’s discretion, be charged against the property of the respondent to the […]
§ 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 […]
§ 34-1-109. When Fiduciary’s Appointment Becomes Effective — Evidence of Appointment — Liability — Fiduciary Oath
On the entry of an order appointing the fiduciary, the administration of the oath as provided in subsection (b) and the posting of any required bond, the fiduciary’s appointment becomes effective. The only effective evidence of appointment shall be duly issued letters of guardianship or conservatorship. Except for violations of § 39-14-101, the fiduciary shall […]
§ 34-1-101. Chapter 1-3 Definitions
As used in this chapter and chapters 2 and 3 of this title, unless the context otherwise requires: “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; “Attorney ad litem” means an attorney appointed by […]
§ 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 — Guardianship Instrument
Parents are the joint natural guardians of their minor children, and are equally and jointly charged with their care, nurture, welfare, education and support and also with the care, management and expenditure of their estates. Each parent has equal powers, rights and duties with respect to the custody of each of their minor children and […]
§ 34-1-103. Duties of Department of Children’s Services When No Natural Guardian, or Child Abandoned
When there is no natural guardian of a minor or when a minor has been abandoned and if the minor requires service from the department of children’s services, the duly authorized agent of the commissioner of children’s services of the county in which the minor resides may act as the custodian of the person of […]
§ 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
Except as provided in subsections (b)-(d), no person shall undertake the administration of the estate of a minor or person with a disability until the person has been issued letters of guardianship or letters of conservatorship; provided, that no guardian or conservator shall be appointed if the property of the minor or person with a […]