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 […]
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 […]
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 […]
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 […]
Except as otherwise provided in subsection (b), bond shall be required of the fiduciary in an amount equal to the sum of the fair market value of all personal property and the amount of the anticipated income from all property, including the real property, for one (1) year. If the surety for the bond is […]
The petition for the appointment of a fiduciary shall be served in accordance with the Tennessee Rules of Civil Procedure. The guardian ad litem appointed may serve the petition on the respondent. Notice by certified mail with return receipt requested shall be given by the clerk of the court to the closest relative or relatives […]
The court may appoint a guardian ad litem in any proceeding and, except as provided in this section, shall appoint a guardian ad litem on filing of a petition for appointment of a fiduciary. If the respondent is represented by counsel who has made an appearance for the respondent, the court may appoint or continue […]
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 […]
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 […]
If the fiduciary is to manage the property of the minor or person with a disability, within sixty (60) days after appointment, the fiduciary shall file a sworn inventory containing a list of the property of the minor or person with a disability, together with the approximate fair market value of each property and a […]
Except as provided in subsection (i), within thirty (30) days after the six-month anniversary of the fiduciary’s date of appointment, the fiduciary shall file a sworn accounting with the court. Except as provided in subsection (i), within sixty (60) days after each anniversary of the accounting required in subsection (a) or any other end of […]
The fiduciary may receive reasonable compensation for services rendered. The court shall set the actual compensation to be paid, taking into account: The complexity of the property of the minor or person with a disability; The amount of time the fiduciary spent in performing fiduciary duties; Whether the fiduciary had to take time away from […]
The fiduciary is entitled to pay from the property of the minor or person with a disability the costs of any required medical examination, the guardian ad litem fee, bond premium, court costs, attorney fees, fees for income tax preparation and court accountings, investment management fees, taxes or governmental charges for which the minor or […]
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 […]
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 […]
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 […]
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 […]
Whenever a fiduciary distributes property of a minor or person with a disability, the person receiving the property of the minor or person with a disability from the fiduciary shall sign a receipt for the property, which receipt shall be filed with the fiduciary’s next accounting.
At the request of the petitioner, the fiduciary, or on the court’s own motion, a standby fiduciary may be appointed by the court to take the place of the fiduciary on a temporary or, if necessary, on a permanent basis. The standby fiduciary shall have the same powers, rights and obligations as the fiduciary. When […]
No personal representative of an estate, any part of which is distributable to a minor, except a parent, grandparent, sibling of the minor or person named by the testator to be guardian, shall be appointed the fiduciary for the minor until the personal representative has first settled its accounts as personal representative. No personal representative […]
