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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.
Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.
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