(a) The fiduciary may receive reasonable compensation for services rendered. The court shall set the actual compensation to be paid, taking into account:

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Terms Used In Tennessee Code 34-1-112

  • 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
  • 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
(1) The complexity of the property of the minor or person with a disability;
(2) The amount of time the fiduciary spent in performing fiduciary duties;
(3) Whether the fiduciary had to take time away from the fiduciary’s normal occupation;
(4) Whether the services provided the minor or person with a disability are those the fiduciary should normally have provided had there been no need for a fiduciary, and
(5) Such other matters as the court deems appropriate.
(b) No person, other than a person performing temporary fiduciary services while a proceeding is pending, who has not been appointed by the court to serve as a fiduciary shall receive any compensation for fiduciary services; however, this does not preclude payment for the necessary care of the minor or person with a disability.
(c) No compensation to the fiduciary shall be paid without prior court approval.
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