Title 34, Guardianship

(a) (1) Through the power of attorney for care of a minor child, the parent may authorize the caregiver to perform the following functions without limitation:(A) Enroll the child in school and extracurricular activities;(B) Obtain medical, dental and mental health treatment for t…

The power of attorney does not provide legal custody to the caregiver; provided, however, that, if at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any healthcare or educational decisions for the minor child, the parent must…

The power of attorney for care of a minor child may be terminated by an instrument in writing signed by either parent with legal custody. The power of attorney for care of a minor child may also be terminated by any order of a court of competent jurisdiction that appoints a legal…

The decision of a caregiver to consent to or to refuse medical, dental, or mental health care for a minor child shall be superseded by any contravening decision of the parent having legal custody of the minor child; provided, however, that the decision of the parent does not jeop…

No person, school official, or health care provider who acts in good faith reliance on a power of attorney for care of a minor child to enroll the child in school or to provide medical, dental, or mental health care, without actual knowledge of facts contrary to those authorized,…

If the minor child ceases to reside with the caregiver, then the caregiver shall notify any person, school, or health care provider that has been provided the power of attorney for care of a minor child.

A person who relies on the power of attorney for care of a minor child has no obligation to make any further inquiry or investigation. Nothing in this part shall relieve any individual from liability for violations of other provisions of law.

(1) As used in this part:(1) “Health care” has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18;(2) “Health care decisions” has the same meaning as defined in § 68-11-1802 of the Tennessee Health Car…

(a) (1) Health care decisions for an unemancipated minor child may be obtained from persons with authority to consent, including the appointed guardian or legal custodian, or the individual to whom the minor's custodial parent or legal guardian has given a signed authorization to…

(a) (1) The parent, legal guardian, or legal custodian may, but is not required to, convey in loco parentis standing to another adult if there is no order of any court in effect from any jurisdiction, including an order of protection, custody order, or parenting plan, that would …

(1) In loco parentis standing:(1) Does not affect the rights and responsibilities of an unemancipated minor's parents or legal guardian or legal custodian regarding the care, custody, and control of the minor;(2) Does not affect the rights of an unemancipated minor to make health…

Except for acts of willful misconduct or gross negligence, a person standing in loco parentis who makes health care decisions for an unemancipated minor shall not be liable for damages arising from providing consent to such health care.

(a) A health care provider who has no actual knowledge of facts contrary to those stated in an authorization affidavit and who relies on a written instrument that is consistent with the requirements of this part and provides health care to an unemancipated minor shall not incur c…

This chapter shall be known and may be cited as the “Public Guardianship for the Elderly Law.”

(a) The general assembly recognizes that many elderly persons in the state are unable to meet essential requirements for their physical health or to manage essential aspects of their financial resources. The general assembly finds that private conservatorship is inadequate where …

A statewide program to provide guardianship for the elderly is created and will be administered by the department of disability and aging, which shall adopt policies and may promulgate rules to govern the operation of district public guardians within each development district, an…

(a) The duties and powers of the district public guardian are as follows:(1) To serve as conservator for disabled persons who are sixty (60) years of age or older who have no family members or other person, bank or corporation willing and able to serve as conservator;(2) The dist…

Costs of public guardianship for the elderly will be met by annual appropriation to the department of disability and aging.

This chapter shall be known and may be cited as the “Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.”

As used in this chapter, unless the context otherwise requires, the terms shall have the same meaning as those defined in § 34-1-101.

A court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter.

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the co…

(a) In a conservatorship or guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:(1) Hold an evidentiary hearing;(2) Order a person in that state to produce evidence or give testim…

(a) In a conservatorship or guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another stat…

(a) In this part:(1) “Emergency” means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a conservator or guardian is necessary because no other person has authority and is willing to act on t…

It is the intent of this part to supplement any provisions of the Tennessee Adult Protection Act (the Act), compiled in title 71, chapter 6, part 1, to provide a basis for determining jurisdiction between this state and other states or foreign countries in any cases involving the…

(1) A court of this state has jurisdiction to appoint a conservator or guardian or issue a protective order for a respondent if:(1) This state is the respondent's home state;(2) On the date the petition is filed, this state is a significant-connection state and:(A) The respondent…

(a) A court of this state lacking jurisdiction under § 34-8-203(1)-(3) has special jurisdiction to do any of the following:(1) Appoint a conservator or guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;(2) …

Except as otherwise provided in §§ 34-8-202 and 34-8-204, a court that has appointed a conservator or guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appoin…

(a) A court of this state having jurisdiction under § 34-8-203 to appoint a conservator or guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this …

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a conservator or guardian or issue a protective order because of unjustifiable conduct, the court may:(1) Decline to exercise jurisdiction;(2) Exercise jurisdiction for the limited purpos…

If a petition for the appointment of a conservator or guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, no…

(1) Except for a petition for the appointment of a conservator or guardian in an emergency or issuance of a protective order limited to property located in this state under § 34-8-204(a)(1) or (a)(2), if a petition for the appointment of a guardian or issuance of a protective ord…

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state f…

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to § 34-8-301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified co…

(a) (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 …

If a conservator or guardian has been appointed in another state and a petition for the appointment of a conservator or guardian is not pending in this state, the conservator or guardian appointed in the other state, after giving notice to the appointing court of an intent to reg…

(a) Upon registration of a conservatorship or guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining act…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the noti…

(a) This chapter applies to guardianship and protective proceedings begun on or after January 1, 2011. (b) Parts 1, 3, and 4 and §§ 34-8-501 and 34-8-502 apply to proceedings begun before January 1, 2011, regardless of whether a guardianship or protective order has been issued.