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Guardianship Generally Form. This is a Tennessee form and can be use in Hamilton Local County.
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Tags: Guardianship Generally, 031, Tennessee Local County, Hamilton
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Index No.
Calendar No.
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oGUARDIANSHIP GENERALLYx
JUDICIAL
Plaintiff(s)
[T.C.A. § 34-2-101 — § 34-2-106.]
-against-
1.
SUBPOENA
:
WHAT IS A GUARDIAN. A guardian is a person appointed by the Court to provide partial or full
:
supervision, protection and assistance to a minor. The person may be appointed as guardian of the
minor’s person, or property, or both. [T.C.A. § 34-1-101.]:
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2.. . . . . .W.HO . MAY. . .ILE.. . .Any. .person. . . .Defendant(s) . . . . . .for appointment of a guardian if they have
F ..
may . file . a . petition .
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... .....
. ... . ..
knowledge of circumstances necessitating a guardianship. [T.C.A. § 34-2-102.] The persons having
priority to be a guardian, subject always to the Court’s discretion, are: (1) the parent(s) of the minor;
(2) the person(s) designated by the parent(s) (e.g., in a Will); (3) adult sibling(s) of the minor; (4)
THE PEOPLErelatives of the minor; andYORK persons [T.C.A. § 34-1-103.]
closest OF THE STATE OF NEW (5) other
3.TO
WHERE TO FILE. Can file petition in Juvenile Court for appointment of guardian of the person only.
All other petitions may be filed in any probate court or other court of record. Venue is in the county
of residence of the minor, the county of residence of the minor’s parents, or if the minor’s parents
are separated, in the county of the custodial parent. [T.C.A. § 34-2-101.]
GREETINGS:
4.
PETITION FOR APPOINTMENT all business and . See being laid aside, you and each of you attend before
WE COMMAND YOU, that OF GUARDIANexcuses the form for PETITION FOR APPOINTMENT OF
GUARDIAN. [T.C.A. § 34-2-104.]
,
the Honorable
at the
Court
County of
located at
5.in room OURT ORDER OF GUARDIANSHIP. See the 20 for ORDER o'clock in the
C
OF GUARDIANSHIP. [T.C.A. § 34-2-105.]
, on the
day of
, form , at
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
6.
TERMINATION OF GUARDIANSHIP. Guardianships of the person or estate, or both, terminate on the
minor’s 18th birthday. [T.C.A. § 34-2-106(a).]
Your failure to comply with this subpoena is punishable as interested party may will make you liable to
CONTINUATION OF GUARDIANSHIP BEYOND AGE 18. Any a contempt of court and petition the Court to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
continue a guardianship until the ward’s 25th birthday. Such petition must be filed within ninety
result of your failure to comply.
th
7.
days before the minor’s 18 birthday, and not later than the filing of the PRELIMINARY FINAL
ACCOUNTING, which must be filed not later than 60 days after the guardianship terminates. The
Witness, Honorable
, one of the Justices of the
burden of continuing the guardianship until the ward’s 25th birthday is on the person seeking the
Court in
County,
day of
20
continuation. [Beware: if the Court does not , continue the guardianship, the minor can be awarded
attorney fees.] Also, in a guardianship of the person or estate, or both, if the minor has previously
been determined to be a disabled person, when the minor reaches 18 years of age, the Guardian
(Attorney
automatically continues as Conservator. [T.C.A. § 34-2-106(b).]must sign above and type name below)
8.
FINAL ACCOUNTING. Within 60 days after the guardianship of the estate terminates, the guardian
must file the PRELIMINARY FINAL ACCOUNTING, which must account for all assets, receipts, and
Attorney(s) for
disbursements from the date of the last accounting until the date of termination and also state the
remaining assets. If no objection is filed to the clerk’s report on the PRELIMINARY FINAL
ACCOUNTING within 30 days of the filing of the clerk’s report, the guardian must distribute the
remaining assets. The guardian must then file with the Court the receipts and final cancelled checks
Office and P.O. Address
evidencing the final distribution. When that evidence has been filed, and on Order of the Court, the
guardianship will be closed. [Note: a final accounting can not be waived by the minor regardless of
the age of the minor.] [T.C.A. § 34-2-106(b)(4).]
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
[Form 031, Rev. 2002.01.11]
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