Tennessee § 34-1-122 - Distributions to persons other than minor — Gift program.

§ 34-1-122. Distributions to persons other than minor — Gift program.

In considering expenditures of income or principal of the property of the minor or person with a disability, the court may authorize distributions to persons other than the minor or person with a disability if the court determines the expenditures are in the best interests of the minor or person with a disability. In making its decision, the court may consider whatever information the court deems relevant to its decision, keeping in mind its primary responsibility is for the care and maintenance of the minor or person with a disability and the person's property. No gift program shall be authorized unless there is evidence the person with a disability established a gift program prior to becoming a person with a disability or, even though the person with a disability had not established a gift program, a gift program would reduce the person with a disability's tax liability and would not jeopardize the person with a disability's care and long-term well-being. Acts 1992, ch. 794, § 23; T.C.A. § 34-11-122 ; Acts 2013, ch. 435, §§ 41, 46. Compiler's Notes. Acts 2013, ch. 435, § 48 provided that the act, which amended this section, shall apply to actions commenced on or after July 1, 2013. Law Reviews. Tennessee's Creative Solution: Estate Planning After Incompetence (Dan. W. Holbrook), 35 No. 6 Tenn. B.J. 13 (1999).