[Effective 7/1/2024]

(a) On the entry of an order appointing the fiduciary, the administration of the oath as provided in subsection (b) and the posting of any required bond, the fiduciary‘s appointment becomes effective. The only effective evidence of appointment shall be duly issued letters of guardianship or conservatorship. Except for violations of § 39-14-101, the fiduciary shall have no liability for any act done pursuant to the order appointing the fiduciary between the date of the entry of the order and the date of the vacation of the order if the order is set aside on appeal.
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Terms Used In Tennessee Code 34-1-109 v2

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney ad litem: means an attorney appointed by the court to act as counsel for the respondent. See Tennessee Code 34-1-101
  • 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
  • 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.
  • 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.
  • Guardian ad litem: means a person meeting the qualifications set forth in §. See Tennessee Code 34-1-101
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Tennessee Code 1-3-105
  • Person: means any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • 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. 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
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b)

(1) Before delivering the letters of guardianship or conservatorship, the clerk shall administer to the fiduciary or fiduciaries an oath for the faithful performance of the fiduciary’s duties.
(2) At the request of the proposed conservator or guardian, the court may waive the requirement that the clerk administer an in-person oath. If the in person oath is waived, then the fiduciary must file with the clerk a written fiduciary oath that contains all language required pursuant to this subsection (b) and is sworn or affirmed by the fiduciary in the presence of a notary public.
(3) All fiduciary oaths must include the following language:

I understand the needs and preferences of the respondent are important and should be considered. I will treat the respondent with respect. I will not physically, mentally, sexually, or financially abuse or exploit the respondent.

I will follow the orders of the court. I understand that if an authority is not specifically listed in the court’s order, then I cannot make the decision on behalf of the respondent.

(4) If the fiduciary is a guardian or conservator over property, then the oath must include the language provided in subdivision (b)(3) and the following language:

I PROMISE I WILL:

1. Make decisions based upon the best interest of the respondent.
2. Notify the court if my address changes or if the address of the respondent changes.
3. Notify the court if I believe the respondent no longer needs a conservator.
4. File all required reports, including, but not limited to, inventory reports, property management plans, status reports, annual and final accountings, tax returns, corporate security statements, and social security statements of account, on time unless waived by the court.
5. Open a conservatorship bank account and deposit all income of the respondent into the account.
6. Maintain accurate records. If an accounting is required, I understand that I must provide all required financial statements, including, but not limited to, bank statements, investment statements, credit card statements, cancelled checks, invoices, receipts, and tax returns.

I PROMISE I WILL NOT:

1. Limit the respondent’s communication with others or access to visitors unless specifically authorized to do so by the court.
2. Spend the respondent’s money or use the respondent’s property for my benefit, or pay myself without court approval.
3. Spend the respondent’s money or use the respondent’s property for the benefit of someone else without the court’s approval.
4. Make gifts on behalf of the respondent without court approval.
5. Deposit money belonging to anyone other than the respondent into the conservatorship bank account.
6. Borrow money from the respondent, loan the respondent’s money to others, or use the respondent’s assets to loan money to others.
7. Mortgage or sell the respondent’s real property without court approval.
8. Spend more than one thousand dollars ($1,000) on a single expenditure without express permission granted in a property management plan or other court order.
9. Retitle the respondent’s assets into my name.
10. Pay guardian ad litem fees, attorney ad litem fees, attorney fees, or fees for professional tax preparation without specific court approval.
(5) If the fiduciary is a guardian or conservator over the respondent’s person, then the oath must include the language provided in subdivision (b)(3) and the following language:

I PROMISE I WILL:

1. Make decisions based upon the best interest of the respondent.
2. Notify the court if my address changes or if the respondent’s address changes.
3. Notify the court if I believe the respondent no longer needs a conservator.
4. File all required reports, including, but not limited to, inventory reports, property management plans, status reports, annual and final accountings, tax returns, corporate security statements, and social security statements of account, on time unless waived by the court.

I PROMISE I WILL NOT:

1. Limit the respondent’s communication with others unless specifically authorized to do so by the court.
2. Limit the respondent’s access to visitors unless specifically authorized to do so by the court.
(c) The social security number of the respondent shall be given to the duly appointed fiduciary and used in any other manner approved by the court. The court may release the social security number to a third party upon good cause shown and upon conditions that the court may deem appropriate.
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