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Current as of January 02, 2024 | Updated by Findlaw Staff
(a)(1) Upon the death of a person committed to a facility under chapter 5 of this title, the facility must mail written notice of death to the court that entered the order resulting in the commitment; mail written notice of death to the next of kin, if known; and notify the office of the medical examiner having jurisdiction to investigate the death.
(2) A facility that is required by this subsection (a) to make a notice to the medical examiner having jurisdiction to investigate a death shall make such notice as soon as reasonably practicable, but in no event more than twelve (12) hours after the discovery of the death. A facility shall mail the other notices required by this subsection (a) within ten (10) days of the discovery of the death.
(b) Notice of a death must also be given promptly to the person's legal guardian, legal custodian, or conservator, as applicable. The administrator, executor, or personal representative of the deceased person, or, if there is none, one (1) or more of the heirs at law or next of kin, must be notified by registered mail of the deceased's personal property at the facility at the time of death. Notice to an administrator, executor, or personal representative must be directed to the probate court of the county in which that person is qualified to administer the estate of the deceased.
(c) Property left by the deceased person in the facility must be disposed of pursuant to subsection (e) if, after diligent search and inquiry, none of the persons required to be notified can be found and notified or if the persons notified do not open the estate or otherwise proceed to dispose of the estate in a lawful manner.
(d) If a person is discharged and leaves personal property in the facility, then the facility must promptly notify the person by registered mail addressed to the person's last known address that the property has been left and is subject to sale under subsection (e).
(e) The facility shall keep the deceased or discharged person's personal property for six (6) months if it is not claimed. The facility shall then sell the property, with the approval of the commissioner, and deposit the proceeds in a fund, maintained under the supervision of the department, for the benefit of needy persons supported.
Cite this article: FindLaw.com - Tennessee Code Title 52. Department of Disability and Aging § 52-4-105 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-52-department-of-disability-and-aging/tn-code-sect-52-4-105/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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