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Does a respondent have any rights in a proposed conservatorship situation under Tennessee law?

Posted on Sep 26 2013 10:07PM by Attorney, Jason A. Lee

Tennessee law provides specific rights for a respondent who is subject to be placed in a potential conservatorship.  The respondent is the individual who is considered to be unable to take care of themselves and thus in need of a conservatorship where someone is appointed to take care of their legal and personal affairs.  T.C.A. § 34-3-106 provides certain rights to the respondent in a conservatorship proceeding as follows:

 

The respondent has the right to:

(1) On demand by respondent or the guardian ad litem, a hearing on the issue of disability;

(2) Present evidence and confront and cross-examine witnesses;

(3) Appeal the final decision on the petition with the assistance of an attorney ad litem or adversary counsel;

(4) Attend any hearing;

(5) Have an attorney ad litem appointed to advocate the interests of the respondent; and

(6) Request a protective order placing under seal the respondent's health and financial information, including reports provided under § 34-3-105(c).

 

One of the most important rights found in this statute is the right to have an attorney ad litem appointed to advocate as counsel on behalf of the respondent.  This is an important right and this attorney ad litem is an actual advocate on behalf of the respondent to oppose the conservatorship should the respondent request an attorney.

 

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

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
Jason A. Lee, Member of Burrow Lee, PLLC
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Nashville, TN 37203
Phone: 615-540-1004
E-mail: jlee@burrowlee.com

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