Current as of January 01, 2020 | Updated by FindLaw Staff
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(a) Except as provided in subsection (b), the hearing on a petition shall be held not less than seven (7) nor more than sixty (60) days from the date of service on the respondent or the date the guardian ad litem was appointed, whichever is later. The hearing date may be extended on motion showing good cause.
(b) If the petition alleges the minor or person with a disability is faced with a life threatening situation, the court may schedule the hearing in less than seven (7) days from the date of service on the respondent; provided, that actual notice of the hearing is given to the closest relative and the respondent.
(c)(1) In a proceeding for the appointment of a conservator, a notice of the hearing shall be served on the respondent and any person, institution or residential provider having care or custody of the respondent by the guardian ad litem or as otherwise authorized under the Tennessee Rules of Civil Procedure. The notice of hearing shall be substantially in the following form:
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IN THE __________ COURT OF __________, TENNESSEE
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AT __________
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IN THE MATTER OF
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___________________________________________________ |
No. ________
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Respondent
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NOTICE OF HEARING
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TO: _______________________________________________ |
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SERVICE ADDRESS |
_________________________ |
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_________________________ |
You are notified that a petition has been filed, a copy of which is attached, in which it is alleged that you are incapable of caring for yourself or disabled from managing your property, or both. The petition seeks the appointment of a conservator for your person or property, or both. The court, being satisfied that there is good cause for the exercise of jurisdiction as to the matters alleged in the petition, has set a hearing on __________ at ___ o'clock in the offices or the courtroom of the Honorable __________, judge of this court.
The court has appointed a guardian ad litem to investigate these matters and make a report to the court. The guardian ad litem is charged with asserting your best interests and making recommendations, consistent with law, as to what action should be taken in your best interests. The name, address and telephone number of the guardian ad litem is:
__________
__________
__________
__________
A list of your rights in connection with the above described hearing is attached or printed on the reverse side of this notice.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the court at my office on __________.
Clerk and Master or Clerk
(2) The notice shall contain on the reverse side or on an attached sheet those rights set out in § 34-3-106 .
(3) The notice shall also be served upon the closest relative or relatives of the respondent, as such persons are described in title 31, chapter 2, but not including the petitioner, and upon the person or institution, if any, having care and custody of the respondent or with whom the respondent is living. Service by mail, sent to the last known address of such persons or institution, shall be sufficient for purposes of this subdivision (c)(3).
Cite this article: FindLaw.com - Tennessee Code Title 34. Guardianship § 34-1-108 - last updated January 01, 2020 | https://codes.findlaw.com/tn/title-34-guardianship/tn-code-sect-34-1-108.html
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