The chancery or probate court has jurisdiction to appoint a conservator of the estate of an absentee as defined in this part upon a showing that:

(1) The absentee has an interest in any form of property in this state, or is a legal resident of this state, or has a spouse or next of kin who is a legal resident of this state, and the absentee has not provided an adequate power of attorney authorizing another to act in the absentee’s behalf with regard to the property or interest or the term of any such power of attorney has expired; and
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Terms Used In Tennessee Code 30-3-202

  • absentee: is:

    (1) Any person serving in or with the armed forces of the United States, in or with the Red Cross, in or with the merchant marines or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for one (1) year thereafter, who has been reported or listed as missing in action, interned in a neutral country, beleaguered, besieged or captured by the enemy. See Tennessee Code 30-3-201
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(2) A necessity exists for providing care for the property or estate of the absentee or care for or judgments concerning the absentee’s spouse and children; or if the absentee has no spouse and children, the absentee’s mother or father.
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