Tennessee Code 34-5-108 – Evidence of necessity for guardian for incompetent
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Terms Used In Tennessee Code 34-5-108
- Administrator: means the administrator of veterans affairs of the United States, or the administrator's successor. See Tennessee Code 34-5-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means any fiduciary for the person or estate of a ward. See Tennessee Code 34-5-102
- Person: means an individual, a partnership, a corporation or an association. See Tennessee Code 34-5-102
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
- Veterans administration: means the veterans administration, its predecessors or successors. See Tennessee Code 34-5-102
- Ward: means a beneficiary of the veterans administration. See Tennessee Code 34-5-102
Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator, or the administrator’s duly authorized representative, that the person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due the ward by the veterans administration, shall be prima facie evidence of the necessity for the appointment.