US Lawyer Database

§ 34-8-301. Transfer of Guardianship or Conservatorship to Another State

A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator. On […]

§ 34-8-401. Registration of Guardianship Orders

If a conservator or guardian has been appointed in another state and a petition for the appointment of a conservator or guardian is not pending in this state, the conservator or guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the conservatorship or guardianship […]

§ 34-8-402. Effect of Registration

Upon registration of a conservatorship or guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not […]

§ 34-8-502. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.), but does not modify, limit, or supersede § 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 […]

§ 34-8-503. Transitional Provisions

This chapter applies to guardianship and protective proceedings begun on or after January 1, 2011. Parts 1, 3, and 4 and §§ 34-8-501 and 34-8-502 apply to proceedings begun before January 1, 2011, regardless of whether a guardianship or protective order has been issued.

§ 34-8-202. Exclusive Basis

It is the intent of this part to supplement any provisions of the Tennessee Adult Protection Act (the Act), compiled in title 71, chapter 6, part 1, to provide a basis for determining jurisdiction between this state and other states or foreign countries in any cases involving the protection of an adult by the courts […]

§ 34-8-203. Jurisdiction

A court of this state has jurisdiction to appoint a conservator or guardian or issue a protective order for a respondent if: This state is the respondent’s home state; On the date the petition is filed, this state is a significant-connection state and: The respondent does not have a home state or a court of […]

§ 34-8-204. Special Jurisdiction

A court of this state lacking jurisdiction under § 34-8-203(1)-(3) has special jurisdiction to do any of the following: Appoint a conservator or guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state; Issue a protective order with respect to real or tangible […]

§ 34-8-205. Exclusive and Continuing Jurisdiction

Except as otherwise provided in §§ 34-8-202 and 34-8-204, a court that has appointed a conservator or guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.