Can a Non-Resident of Tennessee Serve as a Conservator of an Incompetent Person in Tennessee?

Posted on Sep 7 2014 10:08PM by Attorney, Jason A. Lee

The answer to this question is yes, in most circumstances.  T.C.A. § 35-50-107 addresses this issue.  This statute provides in subsection (a)(2)(F) that:


(2)  The following nonresident persons or corporations may serve as fiduciaries, whether the appointment is by will, deed, trust agreement, court order or decree or otherwise:


(f)  Any person may serve as the conservator of the person of an incompetent person, regardless of the residence of the conservator;


As a result any resident or non-resident may serve as a conservator of an incompetent person even if the conservator does not live in Tennessee.  This statutes applies when there is an actual person who is serving as the conservator as opposed to a corporate entity of some kind (although there are rules that can allow this as well).  Further, there are specific requirements for non-resident conservators to comply with but with the help of a Tennessee attorney, these rules are not too difficult to follow.   


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TAGS: Tennessee Conservatorship
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Jason A. Lee is a Member of Burrow Lee, PLLC. Contact Jason at 615-540-1004 or jlee@burrowlee.com for an initial consultation on wills estate planning and probate issues.

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Tennessee Wills and Estates Blog
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