Tennessee Code Annotated

Tenn. Code Ann. § 34-1-101 (2026)

Chapter 1-3 definitions

✓ current as of May 2026

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As used in this chapter and chapters 2 and 3 of this title, unless the context otherwise requires:

(1) "Adversary counsel" means a private lawyer hired by a respondent to represent the respondent's interest in any action under this chapter and chapters 2 and 3 of this title;

(2) "Attorney ad litem" means an attorney appointed by the court to act as counsel for the respondent;

(3) "Closest relative" or "closest relatives" means the person or persons who are in the level of intestate heirs nearest to the respondent under the Tennessee laws of intestate succession. If there are two (2) or more closest relatives, all such persons shall be treated equally;

(4)
- (A) "Conservator" or "co-conservators" means a person or persons or an entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity as determined and required by the orders of the court;
- (B) "Conservatorship" is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators;

(5) "Corporate surety" means a corporation admitted to do business in the state and licensed under title 56, chapter 2;

(6) "Court" means any court having jurisdiction to hear matters concerning guardians or conservators;

(7) "Fiduciary" means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in § 35-16-102(12)(A);

(8) "Financial institution" means a bank as defined by § 45-2-107, a savings and loan association as defined by § 45-3-104, a credit union subject to title 45, chapter 4, or a nonprofit general welfare corporation as defined in § 45-2-105;

(9) "Guardian" or "coguardian" means a person or persons appointed by the court to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor;

(10) "Guardian ad litem" means a person meeting the qualifications set forth in § 34-1-107(c) appointed by the court to investigate the allegations in a petition, perform the duties set forth in § 34-1-107(d) and report to the court with recommendations as to the best interests of the respondent;

(11) "Least restrictive alternatives" means techniques and processes that preserve as many decision-making rights as practical under the particular circumstances for the person with a disability;

(12) "Minor" means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated;

(13) "Person" means any individual, nonhuman entity or governmental agency;

(14) "Person with a disability" means any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity;

(15) "Physician" means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state;

(16) "Property management plan" means the plan submitted by the fiduciary for the investment and management of the property of a minor or person with a disability;

(17) "Psychologist" means a psychologist who is licensed to practice in this state; and

(18) "Respondent" means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought.

Amended by 2019 Tenn. Acts, ch. 340, s 3, eff. 5/10/2019.

Amended by 2018 Tenn. Acts, ch. 605, s 1, eff. 4/2/2018.

Amended by 2013 Tenn. Acts, ch. 435, s 2, eff. 7/1/2013.

Acts 1992, ch. 794, § 2; 1994, ch. 901, § 4; 1996, ch. 811, § 1; T.C.A. §34-11-101; Acts 2010 , ch. 831, § 1.

Notes of Decisions

Cited in 55 cases (7 in the last 5 years), 1987–2026 · leading case: Barnhill v. Barnhill, 826 S.W.2d 443 (Tenn. Ct. App. 1991).

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Barnhill v. Barnhill, 826 S.W.2d 443 (Tenn. Ct. App. 1991). · cites it 4× “[4] This period does extend, however, until the child graduates from high school, T.C.A. § 34-1-101, or when a child is physically or mentally incapacitated the duty may extend beyond majority.”

In Re Conservatorship of Groves, 109 S.W.3d 317 (Tenn. Ct. App. 2003). · cites it 4× “Acts 407 , codified at Tenn.Code Ann. §§ 34-1-101 through -131, 34 — 2-101 through -^106, and 34-3-101 through -109 (2001).”

AmSouth Bank v. Cunningham, 253 S.W.3d 636 (Tenn. Ct. App. 2006). · cites it 6× “Cunningham filed pursuant to the statutory scheme for conservatorships in Tenn. Code Ann. § 34-1-101 et seq. and § 34-3-101 et seq.”

Thompson v. State, 134 S.W.3d 168 (Tenn. 2004). · cites it 8× “" Tenn. Code Ann. § 34-1-101 (7) (2001). [11] According to Dr.”

Gotwald v. Gotwald, 768 S.W.2d 689 (Tenn. Ct. App. 1988). · cites it 4× “T.C.A. § 34-1-101. The apportionment of the burden of child support is determined according to the ability of each spouse to contribute to the support.”

State v. Bordis, 905 S.W.2d 214 (Tenn. Crim. App. 1995). · cites it 2× “Tenn.Code Ann. § 34-1-101(a) (emphasis added); see also Brooks v.”

Smith v. Gore, 728 S.W.2d 738 (Tenn. 1987). · cites it 2× “See T.C.A. § 34-1-101. Not long after a predecessor of this present code section had been enacted, this Court decided Brooks v.”

Cardwell v. Bechtol, 724 S.W.2d 739 (Tenn. 1987). · cites it 2× “T.C.A. § 34-1-101 provides that parents are the natural guardians of their minor children, charged with their care, nurture, welfare, education, and support.”

Dalton v. Dalton, 858 S.W.2d 324 (Tenn. Ct. App. 1993). · cites it 2× “T.C.A. § 34-1-101. However, the expense of dealing with a situation created by one of the parents is properly chargeable to that parent in the exercise of sound discretion.”

Seal v. Seal, 802 S.W.2d 617 (Tenn. Ct. App. 1990). · cites it 2× “T.C.A. § 34-1-101 (Supp.1989). It has been stipulated that Husband had the ability to pay any reasonable amount of child support awarded.”

In the Matter of Lyle L. LAWTON. Stephen Lawton v. Lyle L. Lawton, 384 S.W.3d 754 (Tenn. Ct. App. 2012). · cites it 2× “Tenn.Code Ann. § 34-1-101(7) defines a "disabled person” as "any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, protection and assistance by reason of mental illness, physical illness or injury, developmental…”

Par. v. Par., 704 S.E.2d 99 (Va. 2011). · cites it 2× “" Tenn. Code Ann. § 34-1-101 (7). The Tennessee court granted the petition, and David Wayne and Diane became Eugene's conservators.”

Show all 55 citing cases →

— Tenn. Code Ann. § 34-1-101(1) — 1 case

In Re the Conservatorship of Mark T. Young v. Mark T. Young (Tenn. Ct. App. 2026).

— Tenn. Code Ann. § 34-1-101(13) — 1 case

State of Tennessee Dep't of Corr. v. George Todd (Tenn. Ct. App. 2017).

— Tenn. Code Ann. § 34-1-101(14) — 1 case

In Re Conservatorship of John Martin Muldoon (Tenn. Ct. App. 2020).

— Tenn. Code Ann. § 34-1-101(16) — 1 case

Mandi Gregory v. Peachtree Settlement a/k/a Settlement Funding, LLC (Tenn. Ct. App. 2025).

— Tenn. Code Ann. § 34-1-101(4) — 2 cases

AmSouth Bank v. Cunningham, 253 S.W.3d 636 (Tenn. Ct. App. 2006). “Cunningham filed pursuant to the statutory scheme for conservatorships in Tenn. Code Ann. § 34-1-101 et seq. and § 34-3-101 et seq.”

In The Matter of The Conservatorship of Donald E. Todd v. Tonya Todd Just. (Tenn. Ct. App. 2010).

— Tenn. Code Ann. § 34-1-101(4)(A) — 1 case

In Re Conservatorship of Leon Aubrey Manners (Tenn. Ct. App. 2026).

— Tenn. Code Ann. § 34-1-101(4)(B) — 1 case

In Re Conservatorship of Leon Aubrey Manners (Tenn. Ct. App. 2026).

— Tenn. Code Ann. § 34-1-101(6) — 1 case

Mandi Gregory v. Peachtree Settlement a/k/a Settlement Funding, LLC (Tenn. Ct. App. 2025).

— Tenn. Code Ann. § 34-1-101(7) — 10 cases

Thompson v. State, 134 S.W.3d 168 (Tenn. 2004). “" Tenn. Code Ann. § 34-1-101 (7) (2001). [11] According to Dr.”

In Re Conservatorship of Groves, 109 S.W.3d 317 (Tenn. Ct. App. 2003). “Acts 407 , codified at Tenn.Code Ann. §§ 34-1-101 through -131, 34 — 2-101 through -^106, and 34-3-101 through -109 (2001).”

In the Matter of Lyle L. LAWTON. Stephen Lawton v. Lyle L. Lawton, 384 S.W.3d 754 (Tenn. Ct. App. 2012). “Tenn.Code Ann. § 34-1-101(7) defines a "disabled person” as "any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, protection and assistance by reason of mental illness, physical illness or injury, developmental…”

Par. v. Par., 704 S.E.2d 99 (Va. 2011). “" Tenn. Code Ann. § 34-1-101 (7). The Tennessee court granted the petition, and David Wayne and Diane became Eugene's conservators.”

— Tenn. Code Ann. § 34-1-101(8) — 1 case

In The Matter of The Conservatorship of Donald E. Todd v. Tonya Todd Just. (Tenn. Ct. App. 2010).

— Tenn. Code Ann. § 34-1-101(9) — 2 cases

In re Bush, 593 B.R. 600 (Bankr. M.D. Tenn. 2018).

In Re Guardianship of Taylour L. (Tenn. Ct. App. 2015).

— Tenn. Code Ann. § 34-1-101(a) — 1 case

State v. Bordis, 905 S.W.2d 214 (Tenn. Crim. App. 1995). “Tenn.Code Ann. § 34-1-101(a) (emphasis added); see also Brooks v.”

— Tenn. Code Ann. § 34-1-101(b) — 1 case

Gilbert Lee Smith v. Betty Darmohray (Tenn. Ct. App. 2004).

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