§ 34-3-107 — Where conservator needed - Court order - Consent

Tennessee § 34-3-107

• Jurisdiction: Tennessee
• Title: 34

Text

(a) If the court determines a conservator is needed, the court shall enter an order which shall: (1) Name the conservator or co-conservators and, in the court's discretion, a standby conservator or co-conservators; (2) Enumerate the powers removed from the respondent and those to be vested in the conservator. To the extent not specifically removed, the respondent shall retain and shall exercise all of the powers of a person without a disability. The court may consider removing any rights of the person with a disability and vesting some or all in a conservator. Such rights may include, but are not limited to: (A) The right to give, withhold, or withdraw consent and make other informed decisions relative to medical and mental examinations and treatment; (B) The right to make end of life decisions: (i) To consent, withhold, or withdraw consent for the entry of a "do not resuscitate" order or the application of any heroic measures or medical procedures intended solely to sustain life and other medications; and (ii) To consent or withhold consent concerning the withholding or withdrawal of artificially provided food, water, or other nourishment or fluids; (C) The right to consent to admission to hospitalization, and to be discharged or transferred to a residential setting, group home, or other facility for additional care and treatment; (D) The right to consent to participate in activities and therapies which are reasonable and necessary for the habilitation of the respondent; (E) The right to consent or withhold consent to any residential or custodial placement; (F) The power to give, receive, release, or authorize disclosures of confidential information; (G) The right to apply for benefits, public and private, for which the person with a disability may be eligible; (H) The right to dispose of personal property and real property subject to statutory and judicial constraints; (I) The right to determine whether or not the respondent may utilize a Tennessee driver license for the purpose of driving; (J) The right to make purchases; (K) The right to enter into contractual relationships; (L) The right to execute instruments of legal significance; (M) The right to pay the respondent's bills and protect and invest the respondent's income and assets; (N) The right to prosecute and defend lawsuits; (O) The right to execute, on behalf of the respondent, any and all documents to carry out the authority vested above; and (P) The right to communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail; (3) If the rights and powers transferred to the conservator include management of the respondent's property, the order shall: (A) Set the amount of the conservator's bond unless waived as authorized in § 34-1-105 ; (B) Set the nature and frequency of each approved expenditure and prohibit the conservator from making other expenditures without court approval; (C) Set forth the approved management of the property of the person with a disability; and (D) Prohibit the sale of any property except as permitted by § 34-1-116(b) without prior court approval or as permitted in the property management plan approved by the order; (4) Whether a conservator is being appointed from § 34-3-103(6) , and if the conservator is being appointed from § 34-3-103(6) , the reasons why the court was unable to appoint a conservator from § 34-3-103(1)-(5) ; and (5) State any other authority or direction as the court determines is appropriate to properly care for the person or property of the person with a disability. (b) If the court grants a protective order placing under seal the respondent's financial information, as provided by § 34-3-106(6) , the order shall not deny access to information regarding fees and expenses of the conservatorship. (c) If a respondent is unable to express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then consent of the respondent may be presumed based on the respondent's prior relationship history with the person.

Legislative History

Amended by 2016 Tenn. Acts, ch. 1062, Secs.s 2, s 4eff. 5/16/2016. Amended by 2014 Tenn. Acts, ch. 799, s 2, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 435, s 29, eff. 7/1/2013. Acts 1992, ch. 794, § 47; T.C.A. § 34-13-107.