Tennessee § 34-1-101 - Chapter 1-3 definitions.

§ 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 the court to act as counsel for the respondent; “Closest relative” or “closest relatives” means the person or persons who are in the level of intestate heirs nearest to the respondent under the Tennessee laws of intestate succession. If there are two (2) or more closest relatives, all such persons shall be treated equally; “Conservator” or “co-conservators” means a person or persons or an entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity as determined and required by the orders of the court; “Conservatorship” is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators; “Corporate surety” means a corporation admitted to do business in the state and licensed under title 56, chapter 2; “Court” means any court having jurisdiction to hear matters concerning guardians or conservators; “Fiduciary” means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in § 35-16-102(12)(A); “Financial institution” means a bank as defined by § 45-2-107, a savings and loan association as defined by § 45-3-104, a credit union subject to title 45, chapter 4, or a nonprofit general welfare corporation as defined in § 45-2-105; “Guardian” or “coguardian” means a person or persons appointed by the court to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor; “Guardian ad litem” means a person meeting the qualifications set forth in § 34-1-107(c) appointed by the court to investigate the allegations in a petition, perform the duties set forth in § 34-1-107(d) and report to the court with recommendations as to the best interests of the respondent; “Least restrictive alternatives” means techniques and processes that preserve as many decision-making rights as practical under the particular circumstances for the person with a disability; “Minor” means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated; “Person” means any individual, nonhuman entity or governmental agency; “Person with a disability” means any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity; “Physician” means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in the state of Tennessee; “Property management plan” means the plan submitted by the fiduciary for the investment and management of the property of a minor or person with a disability; “Psychologist” means a psychologist who is licensed to practice in the state of Tennessee; and “Respondent” means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought. Acts 1992, ch. 794, § 2; 1994, ch. 901, § 4; 1996, ch. 811, § 1; T.C.A. § 34-11-101 ; Acts 2010, ch. 831, § 1; 2013, ch. 435, §§ 2-6; 2018, ch. 605, § 1; 2019, ch. 340, § 3. Compiler's Notes. Former ch. 1, §§ 34-1-101 — 34-1-107 (Acts 1859-1860, ch. 99, §§ 1, 2; 1899, ch. 177, § 1; Shan., §§ 4256, 4257, 5868a1; Acts 1923, ch. 41, §§ 1-3; 1927, ch. 79, § 1; mod. Code 1932, §§ 8463-8466, 8472, 8473, 10070; 1951, ch. 23, § 1; 1951, ch. 148, § 1 (Williams, § 8476); 1955, ch. 137, § 1; 1957, ch. 102, § 1, 1959, ch. 147, § 1; 1961, ch. 337, §§ 1, 2; 1963, ch. 48, § 1; 1972, ch. 612, § 3; impl. am. Acts 1975, ch. 219, § 1; Acts 1976, ch. 675, § 1; 1978, ch. 523, §§ 1, 2; 1978, ch. 662, § 1; T.C.A. (orig. ed.), §§ 34-101 — 34-103, 34-105, 34-106, 34-108, 34-109; Acts 1984, ch. 668, § 1; 1985, ch. 140, § 30; 1991, ch. 181, § 1), concerning general provisions for guardians, was repealed by Acts 1992, ch. 794, § 1, effective January 1, 1993. Acts 2013, ch. 435, § 48 provided that the act, which amended this section, shall apply to actions commenced on or after July 1, 2013. Acts 1992, ch. 794, § 52 provided that for each existing guardian or conservator, the provisions of this chapter shall be effective for any act required to be done by the fiduciary and due on or after January 1, 1993; and that each existing limited guardian shall become a guardian or conservator as the case may be, with limited powers on January 1, 1993. Amendments. The 2018 amendment added the definition of “least restrictive alternatives”. The 2019 amendment added “, or qualified trustee as defined in § 35-16-102(12)(A) ;” at the end of the definition of “fiduciary”. Effective Dates. Acts 2018, ch. 605, § 2. April 2, 2018. Acts 2019, ch. 340, § 20. May 10, 2019. Law Reviews. A Quantum Leap for Ethical Guidance: Comparison of the Model Code and Rule 1.14 of the Proposed Rules of Professional Conduct (Donna S. Harkness), 35 No. 11 Tenn. B.J. 20 (1999). Changes in Tennessee's Guardianship and Conservatorship Statute (Mary D. Colley and Colleen P. Mac Lean), 29 No. 1 Tenn. B.J. 14 (1993). Conservatorship Proceedings and Due Process: Protecting the Elderly in Tennessee (Tricia M. York), 36 U. Mem. L. Rev. 491 (2006). Survey of the New Tennessee Guardianship and Conservatorship Act, 60 Tenn. L. Rev. (1993). To Be or Not To Be in Tennessee: Deciding Surrogate Issues, 34 U. Mem. L. Rev. 333 (2004). Attorney General Opinions. A dependent or neglected child in the department of children's services' custody without termination of parental rights is not a “ward of the state” under Tennessee law, OAG 02-022, 2002 Tenn. AG LEXIS 14 (2/26/02).