§ 34-8-209. Proceedings in More Than One State
Except for a petition for the appointment of a conservator or guardian in an emergency or issuance of a protective order limited to property located in this state under § 34-8-204(a)(1) or (a)(2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in […]
§ 34-8-106. Taking Testimony in Another State
In a conservatorship or guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the […]
§ 34-8-201. Part Definitions — Significant Connection Factors
In this part: “Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a conservator or guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf; “Home state” means the state in which […]
§ 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 […]
§ 34-7-101. Short Title
This chapter shall be known and may be cited as the “Public Guardianship for the Elderly Law.”
§ 34-7-102. Legislative Intent — Construction
The general assembly recognizes that many elderly persons in the state are unable to meet essential requirements for their physical health or to manage essential aspects of their financial resources. The general assembly finds that private conservatorship is inadequate where there are no willing and responsible family members or friends to serve as conservator and […]
§ 34-7-103. Creation and Administration of Statewide Program
A statewide program to provide guardianship for the elderly is created and will be administered by the commission on aging, which shall adopt policies and may promulgate rules to govern the operation of district public guardians within each development district, and implement the law. The commission shall provide a coordinator to monitor program development and […]
§ 34-7-104. Powers and Duties of District Public Guardian
The duties and powers of the district public guardian are as follows: 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; The district public guardian does not have any power […]