Tennessee § 34-2-101 - Actions for appointment of guardian — Where brought.

§ 34-2-101. Actions for appointment of guardian — Where brought.

Actions for the appointment of only a guardian of the person may be brought in the juvenile court in the county in which there is venue. Actions for the appointment of a guardian of the person or property or both may be brought in a court exercising probate jurisdiction or any other court of record in the county in which there is venue. An action for the appointment of a guardian may be brought in the county of residence of the minor, the county of residence of the minor's parents or, if the minor's parents are living apart, the county of residence of the custodial parent. Acts 1992, ch. 794, § 34; T.C.A. § 34-12-101 . Compiler's Notes. Former §§ 34-2-101 — 34-2-115 , 34-2-201 — 34-2-206 (Code 1858, § 2489 (deriv. Acts 1847-1848, ch. 115), § 2491 (deriv Acts 1823, ch. 2, § 1), § 2492 (deriv. Acts 1762, ch. 5, § 2), § 2493 (deriv. Acts 1762, ch. 5, § 5), § 2494 (deriv. Acts 1762, ch. 5, § 5; 1847-1848, ch. 167), § 2495 (deriv. Acts 1845-1846, ch. 14, §§ 1, 3; 1845-1846, ch. 190), § 2496 (deriv. Acts 1845-1846, ch. 190), §§ 2497, 2498 (deriv. Acts 1845-1846, ch. 14, §§ 2, 4); §§ 2499-2501 (deriv. Acts 1841-1842, ch. 117, §§ 1, 3), §§ 2502-2504 (deriv. Acts 1831, ch. 29, §§ 1, 2, 4); Acts 1859-1860, ch. 90, §§ 4-6; Shan., §§ 4250, 4252-4255, § 4258-4270; mod. Code 1932, §§ 8467-8471, 8474-8488; Acts 1951, ch. 148, §§ 1, 2 (Williams, §§ 8476, 8476.1); 1953, ch. 156, § 1; Acts 1972, ch. 612, § 4; T.C.A. (orig. ed.), §§ 34-301 — 34-306; impl. am. Acts 1975, ch. 219, § 1; Acts 1982, ch. 853, § 4; T.C.A. (orig. ed.), §§ 34-201 — 34-216; Acts 1987, ch. 322, § 21; 1989, ch. 591, § 113; 1991, ch. 181, § 3., concerning guardians generally and testamentary guardians, were repealed by Acts 1992, ch. 794, § 33, effective January 1, 1993. Acts 1992, ch. 794, § 51 provided that nothing in this chapter shall be construed to authorize a corporation, partnership, association, or other business entity to be appointed as a fiduciary unless such corporation, partnership, association or other business entity is otherwise authorized by law to exercise such authority. Acts 1992, ch. 794, § 52 provided that for each existing guardian or conservator, 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. Cross-References. Restrictions on appointment of nonresident guardian, § 35-50-107 . Rule Reference. This part is referred to in Rule 2 of the Tennessee Rules of Juvenile Procedure. Textbooks. Pritchard on Wills and Administration of Estates (5th ed., Phillips and Robinson), §§ 78, 1039. Tennessee Forms (Robinson, Ramsey and Harwell), Nos. 4-503, 4-505, 4-506. Law Reviews. Changes in Tennessee's Guardianship and Conservatorship Statute (Mary D. Colley and Colleen P. Mac Lean), 29 No. 1 Tenn. B.J. 14 (1993). Survey of the New Tennessee Guardianship and Conservatorship Act, 60 Tenn. L. Rev. (1993). Attorney General Opinions. Guardianships for undocumented alien minors. OAG 14-84, 2014 Tenn. AG LEXIS 87 (9/16/14).