State Codes and Statutes

State Codes and Statutes

Statutes > Tennessee > Title-34 > Chapter-1 > 34-1-101

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:

     (1)  “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;

     (2)  “Attorney ad litem” means an attorney appointed by the court to act as counsel for the respondent;

     (3)  “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;

     (4)  “Conservator” or “coconservator” 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 disabled person;

     (5)  “Corporate surety” means a corporation admitted to do business in the state of Tennessee and licensed under title 56, chapter 2;

     (6)  “Court” means any court having jurisdiction to hear matters concerning guardians or conservators;

     (7)  “Disabled person” 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;

     (8)  “Fiduciary” means a guardian, coguardian, conservator or coconservator;

     (9)  “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, a brokerage firm whose accounts are insured by the Security Protection Insurance Corporation, or a nonprofit general welfare corporation as defined in § 45-2-105;

     (10)  “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;

     (11)  “Guardian ad litem” means a person meeting the qualifications set forth in § 34-1-107(c) appointed by the court to represent the respondent and perform the duties set forth in § 34-1-107(d);

     (12)  “Minor” means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated;

     (13)  “Person” means any individual, nonhuman entity or governmental agency;

     (14)  “Physician” means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in the state of Tennessee;

     (15)  “Property management plan” means the plan submitted by the fiduciary for the investment and management of the property of a minor or disabled person;

     (16)  “Psychologist” means a psychologist who is licensed to practice in the state of Tennessee; and

     (17)  “Respondent” means a person who is a minor or is alleged to be a disabled person 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.]