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;
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Terms Used In Tennessee Code 34-1-101

  • 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. See Tennessee Code 34-1-101
  • co-conservators: means a person or persons or an entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity as determined and required by the orders of the court. See Tennessee Code 34-1-101
  • 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. See Tennessee Code 34-1-101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in §. See Tennessee Code 34-1-101
  • 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.
  • Intestate: Dying without leaving a will.
  • 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
  • Person with a disability: 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. See Tennessee Code 34-1-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Psychologist: means a psychologist who is licensed to practice in this state. See Tennessee Code 34-1-101
  • Respondent: means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought. See Tennessee Code 34-1-101
  • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the [former] federal savings and loan insurance corporation (FSLIC) or any successor [repealed] of such corporation. 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
  • Trustee: A person or institution holding and administering property in trust.
(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)

(A) “Conservator” or “co-conservators” means a person or persons or an entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity as determined and required by the orders of the court;
(B) “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;
(5) “Corporate surety” means a corporation admitted to do business in the state and licensed under title 56, chapter 2;
(6) “Court” means any court having jurisdiction to hear matters concerning guardians or conservators;
(7) “Fiduciary” means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in § 35-16-102(12)(A);
(8) “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, or a nonprofit general welfare corporation as defined in § 45-2-105;
(9) “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;
(10) “Guardian ad litem” means a person meeting the qualifications set forth in § 34-1-107(c) appointed by the court to investigate the allegations in a petition, perform the duties set forth in § 34-1-107(d) and report to the court with recommendations as to the best interests of the respondent;
(11) “Least restrictive alternatives” means techniques and processes that preserve as many decision-making rights as practical under the particular circumstances for the person with a disability;
(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) “Person with a disability” 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;
(15) “Physician” means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state;
(16) “Property management plan” means the plan submitted by the fiduciary for the investment and management of the property of a minor or person with a disability;
(17) “Psychologist” means a psychologist who is licensed to practice in this state; and
(18) “Respondent” means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought.
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