Tennessee Code Title 34. Guardianship § 34-3-105

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) If the respondent has been examined not more that ninety (90) days prior to the filing of the petition and the examination is pertinent, then the examination report must be submitted with the petition. If the respondent has not been examined within ninety (90) days of the filing of the petition, cannot get out to be examined, or refuses to be voluntarily examined, then the court shall order the respondent to submit to examination by an examiner identified in the petition or, if no examiner is identified in the petition, by an examiner selected by the court. The examiner on completing the examination shall send the examination report to the court with copies to the petitioner and the guardian ad litem, if one has been appointed. The examiner's examination report must be sworn.

(b) On motion by the petitioner, the respondent, the adversary counsel, the guardian ad litem, if one has been appointed, or on its own initiative, the court may order the respondent to submit to examination by an examiner or other specialists who have expertise in the specific disability of the respondent. The examiner or other specialist shall send the sworn examination report to the court with copies to the petitioner and the guardian ad litem, if one has been appointed. The court may assess the cost of the second examination against the property of the respondent or against the person requesting the examination report.

(1) The respondent's medical history; provided, that this subdivision (c)(1) shall not be construed to expand the examiner's scope of practice;

(2) A description of the nature and type of the respondent's disability;

(3) An opinion as to whether a conservator is needed and the type and scope of the conservator with specific statement of the reasons for the recommendation of conservatorship; and

(4) Any other matters as the court deems necessary or advisable.

(d) The sworn examination report shall be prima facie evidence of the respondent's disability and need for the appointment of a fiduciary unless the report is contested and found to be in error.

(e) If upon an additional finding that the person with a disability poses a threat to self or others in accordance with the mental health law, title 33, a court of competent jurisdiction may order a commitment to involuntary care and treatment.

(f) Reports and documents prepared under this section are confidential and are not open for inspection by the public. However, this section does not:

(1) Limit the respondent or the respondent's agent or attorney from having access to any such reports or documents about the respondent; or

(2) Prohibit an investigative body from accessing any such reports or documents as authorized or required by law.

(g) As used in this section:

(1) “Examination report” means the written report by the examiner of the evaluation of the respondent;

(2) “Examine” means the respondent has been evaluated by an examiner;

(3) “Examiner” means a physician, psychologist, or senior psychological examiner; and

(4) “Sworn” means sworn before a notary public or declared under penalty of perjury as set forth in Tennessee Rules of Civil Procedure, Rule 72.

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Cite this article: FindLaw.com - Tennessee Code Title 34. Guardianship § 34-3-105 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-34-guardianship/tn-code-sect-34-3-105/

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