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Conservatorship Generally Form. This is a Tennessee form and can be use in Hamilton Local County.
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Tags: Conservatorship Generally, 025, Tennessee Local County, Hamilton
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
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Index No.
Calendar No.
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oCONSERVATORSHIP GENERALLYx
JUDICIAL
Plaintiff(s)
[T.C.A. § 34-3-101 — § 34-3-109.]
-against-
1.
SUBPOENA
:
WHAT IS A CONSERVATOR. A conservator is a person :appointed by the Court to provide partial or
full supervision, protection and assistance to a disabled person. The person may be appointed as
conservator of the disabled individual’s person, or property, or both. [T.C.A. § 34-1-101(4).]
:
2.. . . . . .W.HO .MAY. FILE.. . Any .person. .mayDefendant(s) . . . . for. appointment of a conservator if they have
file a petition . . :
. .. .... .... .... ..... .............
knowledge of circumstances necessitating a conservatorship. [T.C.A. § 34-3-102.] The person(s) having
priority to be conservator, subject always to the Court’s discretion, are: (1) the person(s) the disabled
individual designated in writing; (2) the disabled individual’s spouse; (3) any child of the disabled
THE PEOPLE OF (4) closest relatives of the disabled individual; and (5) other persons [T.C.A. § 34-3-103.]
individual; THE STATE OF NEW YORK
3.TO
WHERE TO FILE. Can file petition in any probate court or other court of record. Venue is in the
county of residence of the alleged disabled individual. [T.C.A. § 34-3-101.]
4.
PETITION FOR APPOINTMENT OF CONSERVATOR.
CONSERVATOR. [T.C.A. § 34-3-104.]
GREETINGS:
See form: PETITION
FOR
APPOINTMENT
OF
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
5.the Honorable
EXAMINATION OF RESPONDENT. See form: EXAMINATION REPORT. [T.C.A. § 34-3-105.]
at the
Court
,
located at
County of
6.in room IGHTS OF RESPONDENTday ofform: RESPONDENT’S RIGHTS — GUARDIAN AD LITEM DUTIESrecessed
R
. See
, on the
, 20
, at
o'clock in the
noon, and at any . [T.C.A.
§ 34-3-105.] to testify and give evidence as a witness in this action on the part of the
or adjourned date,
7.
COURT ORDER OF CONSERVATORSHIP. See form: ORDER OF CONSERVATORSHIP. [T.C.A. § 34-3-107.]
8.
Your failure OR MODIFICATION OF CONSERVATORSHIP. A conservator may be discharged liable to
TERMINATION to comply with this subpoena is punishable as a contempt of court and will make youor have
the party on whose behalf this the Court was issued for a Ward is deceased, is$50 and all damages sustaineditas a
duties modified when subpoena determines the maximum penalty of no longer disabled, or that is
result of your failure to best interests to do so. The Court may also remove or modify a conservator on
in the Ward’s comply.
grounds the conservator has not performed as required by law or does not act in the ward’s best
Witness, Honorable
, one of the Justices of the
interests. [T.C.A. § 34-3-108.]
Court in
9.
County,
day of
, 20
SUPPORT OF DISABLED PERSON’S SPOUSE OR MINOR CHILDREN. The appointment of a conservator
does not automatically terminate the Ward’s duty to support a spouse or minor children. The Court
may establish the amount of financial support to which a spousesign childrentype name below)[T.C.A. § 34(Attorney must or above and are entitled.
3-109.]
10.
FINAL ACCOUNTING. Within 120 days after the conservatorshipfor
terminates, by death of the ward or
Attorney(s)
by Court Order, the conservator must file the PRELIMINARY FINAL ACCOUNTING, which must
account for all assets, receipts, and disbursements from the date of the last accounting until the date
of termination and also state the amount of final distribution to close the conservatorship. If no
objection is filed to the clerk’s report on the PRELIMINARY FINAL ACCOUNTING within 30 days of the
Office and P.O. Address
filing of the clerk’s report, the Conservator must distribute the remaining assets. The Conservator
must then file with the Court the receipts and final cancelled checks evidencing the final
distribution. When that evidence has been filed, and on Order of the Court, the conservatorship will
Telephone No.:
be closed. [T.C.A. § 34-3-108(e).]
[Form 025, Rev. 2002.01.11]
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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