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In Tennessee the court is required to
appoint an attorney ad litem to represent the respondent (the minor or disabled
person) when a petition for a guardianship or conservatorship is filed and that
individual does not desire a guardianship or conservatorship. Specifically, T.C.A. §
34-1-125 provides as follow:
(a) The court shall appoint an attorney ad litem to represent the
respondent on the respondent's request, upon the recommendation of the guardian
ad litem or if it appears to the court to be necessary to protect the rights or
interests of the respondent. The attorney ad litem shall be an advocate for the
respondent in resisting the requested relief.
(b) The cost of the attorney ad litem shall be charged against the assets
of the respondent.
As a result, if the respondent requests an
attorney ad litem then they are entitled to have one appointed to represent
their interest to oppose the proposed conservatorship or guardianship. Further, if the guardian ad litem recommends
an attorney ad litem or it appears to the court that an attorney ad litem is
necessary to protect the interest of the respondent, then one must be appointed
under the Tennessee statute. An attorney
ad litem serves a role that is different from a guardian ad litem because the
attorney ad litem acts as an advocate for the respondent in resisting the
requested conservatorship or guardianship.
Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.
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