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Conservatorship Generally 025 - Tennessee

Conservatorship Generally Form. This is a Tennessee form and can be used in Guardian-Conservator Chancery Court Hamilton Local County .
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CONSERVATORSHIP GENERALLY  [T.C.A. 34-3-101 34-3-109.] 1. WHAT IS A CONSERVATOR . A conservator is a person appointed by the Court to provide partial or full supervision, protection and assistance to a disabled person. The person may be appointed as conservator of the disabled individuals per, orson property, or both. [T.C.A. 34-1-101(4).] 2. WHO MAY FILE. Any person may file a petition for appointment of a conservator if they have knowledge of circumstances necessitating a conservators[Thi.p.C. A. 34-3-102.] The perso(sn) having priority to be conservator, subject always to the Courts discretion(1), ar the:e person(s) the disabled individual designated in writing(2); the disabled individuals spous(3)e; an y child of the disabled individual; (4) closest relatives of the disabled individual; a(5)nd other persons[T .C.A. 34-3-103.] 3. WHERE TO FILE . Can file petition in any probate court or other court of record. Venue is in the county of residence of the alleged disabled individ[Tua.Cl.. A. 34-3-101.] 4. PETITION FOR APPOINTMENT OF CONSERVATOR . See form: PETITION FOR APPOINTMENT OF CONSERVATOR . [T.C.A. 34-3-104.] 5. EXAMINATION OF RESPONDENT. See form: EXAMINATION REPORT. [T.C.A. 34-3-105.] 6. RIGHTS OF RESPONDENT. See form: RESPONDENTS RIGHTS GUARDIAN AD LITEM DUTIES . T.C.A. [T.C.A. 7. COURT ORDER OF CONSERVATORSHIP . See form: ORDER OF CONSERVATORSHIP . [T.C.A. 34-3-107.] 8. TERMINATION OR MODIFICATION OF CONSERVATORSHIP . A conservator may be discharged or have duties modified when the Court determines the Ward is deceased, is no longer disabled, or that it is in the Wards best interests to do so. The Court may also remove or modify a conservator on grounds the conservator has not performed as required by law or does not act in the wards best interests. [T.C.A. 34-3-108.] 9. SUPPORT OF DISABLED PERSON S SPOUSE OR MINOR CHILDREN . The appointment of a conservator does not automatically terminate the Wards duty to support a spouse or minor children. The Court may establish the amount of financial support to which a spouse or children are eTn.Ctit.Aled.. 3 4- [T.C.A. 34- 10. FINAL ACCOUNTING. Within 120 days after the conservatorship terminates, by death of the ward or by Court Order, the conservator must file theR ELPIMINARY FINAL ACCOUNTING , which must account for all assets, receipts, and disbursements from the date of the last accounting until the date of termination and also state the amount of final distribution to close the conservatorship. If no objection is filed to the clerks report on P tREheLIMINARY FINAL ACCOUNTING within 30 days of the filing of the clerks report, the Conservator must distribute the remaining assets. The Conservator must then file with the Court the receipts and final cancelled checks evidencing the final distribution. When that evidence has been filed, and on Order of the Court, the conservatorship will be closed. [T.C.A. 34-3-108(e).] [Form 025, Rev. 2002.01.11]
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