Tennessee § 20-12-128 - Guardian's or conservator's oath — Protection from liability.

§ 20-12-128. Guardian's or conservator's oath — Protection from liability.

The next friend or any person who has been appointed by any court guardian, guardian ad litem or conservator of any person adjudicated incompetent or infant, may commence and prosecute an action, suit or cross suit or appeal without giving bond or security for costs, by taking and subscribing an oath that the next friend, guardian, guardian ad litem or conservator has no property of the person adjudicated incompetent or infant, out of which to bear the expense of such action, and that the next friend, guardian, guardian ad litem or conservator verily believes that such person adjudicated incompetent or infant is justly entitled to the redress sought. The next friend or person may also file an accompanying affidavit of indigency as prescribed by court rule. The filing of such a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the responsibility for the costs and taxes, but merely suspends their collection until taxed by the court. The guardian, guardian ad litem or conservator shall not incur any personal liability for such action, unless the court finds that the step was not taken in good faith. Acts 1871, ch. 111, § 1; 1907, ch. 25, § 1; Shan., § 4929; Acts 1929, ch. 19, § 1; mod. Code 1932, § 9081; T.C.A. (orig. ed.), § 20-1630; Acts 1995, ch. 242, § 2; 2011, ch. 47, § 15. Compiler's Notes. Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011. Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes. Amendments. The 2011 amendment substituted “guardian, guardian ad litem or conservator” for “guardian or guardian ad litem” throughout the section; and substituted “person adjudicated incompetent” for “idiot, lunatic, person of unsound mind” throughout (a). Effective Dates. Acts 2011, ch. 47, § 110. July 1, 2011. Rule Reference. This section is referred to in Rule 29 of the Rules of the Supreme Court of Tennessee. Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 124. Tennessee Jurisprudence, 18 Tenn. Juris., Minors, § 25. Cited: Martin v. Martin, 213 Tenn. 345, 373 S.W.2d 609, 1963 Tenn. LEXIS 488 (1963).