[Newly enacted section not yet numbered]

(a)

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Terms Used In Tennessee Code 34-8-NEW

  • Conservatorship: is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators. See Tennessee Code 34-1-101
  • Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
  • Docket: A log containing brief entries of court proceedings.
  • 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.
  • 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.
  • Minor: means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated. See Tennessee Code 34-1-101
  • Person: means any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. 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
(1) A guardian or conservator appointed in this state may file a motion with the court making the appointment requesting a transfer of the guardianship or conservatorship to a court in another county of this state.
(2) The fee for filing a motion to transfer a guardianship or conservatorship to a court in another county of this state must not exceed the cost set forth in § 8-21-401 (c)(6).
(3) In a motion to transfer a guardianship or conservatorship under this subsection (a), the ward has the same rights as in § 34-3-106.
(b) Notice of a motion to transfer under subsection (a) must be given to the persons who are entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(c) A hearing must be set on the transferring court’s regular motion docket unless circumstances require the motion to be heard as a specially set matter.
(d) The transferring court shall issue an order provisionally granting a motion to transfer a guardianship or conservatorship and shall direct the guardian or conservator to petition for guardianship or conservatorship in the receiving court if the transferring court is satisfied that the guardianship or conservatorship will be accepted by the receiving court and the transferring court finds that:

(1) The disabled person or minor is physically present in or is reasonably expected to move permanently to a county in the jurisdiction of the receiving court;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the disabled person or minor; and
(3) Plans for care and services for the disabled person or minor in the other county are reasonable and sufficient.
(e)

(1) Upon receipt of the signed order granting provisional transfer to the receiving court, a guardian or conservator shall petition the receiving court requesting provisional acceptance of the transfer of the guardianship or conservatorship.
(2) The fee for a petition requesting provisional acceptance of the transfer of a guardianship or conservatorship must not exceed the cost set forth in § 8-21-401(c)(6).
(3) In a petition to accept the transfer of a guardianship or conservatorship under this subsection (e), the ward has the same rights as in § 34-3-106.
(f) The receiving court shall issue an order provisionally accepting the transfer of the guardianship or conservatorship if the receiving court is satisfied that the conditions listed in subsection (d) have been met.
(g) Upon receipt of the signed order accepting provisional transfer to the receiving court, a guardian or conservator must file a motion with the transferring court requesting final approval of the transfer of the guardianship or conservatorship.
(h) Upon receipt of the signed order granting final approval of the transfer to the receiving court, a guardian or conservator must file a motion with the receiving court requesting final acceptance of the transfer of the guardianship or conservatorship.
(i) Upon the receiving court’s final approval, the guardian or conservator must file a copy of the signed order with the clerk of the transferring court and the clerk of the receiving court, and the clerks are responsible for the transfer of the guardianship or conservatorship file from the transferring court to the receiving court.
(j) The receiving court may require in the final order accepting the transfer of the guardianship or conservatorship that a hearing be held within ninety (90) days of the acceptance of the transfer to allow the court to review the guardianship or conservatorship for any needed changes.
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