§ 34-1-133 — Expedited limited healthcare fiduciary

Tennessee § 34-1-133

• Jurisdiction: Tennessee
• Title: 34

Text

(a) If the respondent is under hospitalization in a hospital as those terms are defined in title 68, chapter 11, part 2, and no other person, including an agent acting under the Healthcare Decision Act, compiled in title 68, chapter 11, part 18, a person acting under the Durable Powers of Attorney for Healthcare Act, compiled in chapter 6, part 2 of this title, or a living will under title 32, chapter 11 appears to have the authority and willingness to act and is acting in the best interest of the respondent, the court on petition of a person interested in the respondent's welfare may appoint an expedited limited healthcare fiduciary whose authority is for the limited purpose of consenting to discharge, transfer, and admission and consenting to any financial arrangements or medical care necessary to affect such discharge, transfer or admission to another healthcare facility and whose authority may not exceed sixty (60) days. Immediately upon the receipt of the petition for an expedited limited healthcare fiduciary, the court shall appoint an attorney ad litem to represent the respondent in the proceeding. In expediting the appointment of an expedited limited healthcare fiduciary, the court may vary the time periods for hearings including but not limited to the minimum number of days before a hearing under § 34-1-108 or the number of days before appointment of a guardian ad litem under § 34-1-107 or other time periods, but shall not vary requirements as necessary to determine the respondent is in need of a fiduciary. (b) The court shall hold a hearing on the appropriateness of the appointment within five (5) days of the appointment. (c) Appointment of an expedited limited healthcare fiduciary is not a determination of the respondent's incapacity. (d) The court may remove an expedited limited healthcare fiduciary at any time. (e) The time periods set forth in this section are mandatory and not directory. Failure to comply with those provisions shall void any expedited appointment and remove the authority previously granted to the expedited limited healthcare fiduciary. (f) The cost of the attorney ad litem in an expedited limited healthcare fiduciary proceeding may, in the court's discretion, be charged against the assets of the respondent or against the petitioner. The costs charged must not exceed one thousand five hundred dollars ($1,500) except when the court dismisses an expedited limited healthcare fiduciary proceeding because of a finding of fraud, bad faith, or deception by the petitioner or when the court determines the proceeding involves unusually complex factual issues, in which case there is no cap on the attorney ad litem fees. The maximum amount of the fee for the attorney ad litem shall be adjusted annually for inflation based upon the percentage of change in the average consumer price index (all items-city average), as published by the United States department of labor, bureau of labor statistics, for the calendar year immediately preceding. The adjustment shall take effect on February 1, 2025, and on February 1 of each year thereafter.

Legislative History

Amended by 2024 Tenn. Acts, ch. 807,s 3, eff. 4/29/2024. Added by 2013 Tenn. Acts, ch. 435, s 47, eff. 7/1/2013.