Tennessee Code Annotated

Tenn. Code Ann. § 34-1-114 (2026)

Charging of costs of proceedings

✓ current as of May 2026

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(a) The costs of the proceedings, which are the court costs, the guardian ad litem fee and expenses incurred by the guardian ad litem in conducting the required investigations, the required medical examination costs, and the attorney's fee for the petitioner, may, in the court's discretion, be charged against the property of the respondent to the extent the respondent's property exceeds the supplemental security income eligibility limit, or to the petitioner or any other party, or partially to any one or more of them as determined in the court's discretion. In exercising its discretion to charge some or all of the costs against the respondent's property, the fact a conservator is appointed or would have been appointed but for an event beyond the petitioner's control is to be given special consideration. The guardian ad litem fee and the attorney's fee for the petitioner shall be established by the court. If a fiduciary is cited for failure to file an inventory or accounting, the costs incurred in citing the fiduciary, in the discretion of the court, may be charged to and collected from the cited fiduciary.

(b) If the principal purpose for bringing the petition is to benefit the petitioner and there would otherwise be little, if any, need for the appointment of a fiduciary, the costs of the proceedings may be assessed against the petitioner, in the discretion of the court.

(c) Notwithstanding subsections (a) and (b), the petitioner is responsible for the court costs necessary for initiating proceedings, including filing fees and costs associated with required notices and publication. At any point in the proceedings, in the court's discretion, such costs may be charged according to subsection (a) and the petitioner may be reimbursed.

Amended by 2021 Tenn. Acts, ch. 305, s 5, eff. 5/4/2021.

Amended by 2013 Tenn. Acts, ch. 435, s 21, eff. 7/1/2013.

Acts 1992, ch. 794, § 15; 1994, ch. 855, §7; 1997 , ch. 407, § 4; T.C.A. §34-11-114; 2012 , ch. 917, § 1.

Notes of Decisions

Cited in 16 cases (5 in the last 5 years), 2007–2026 · leading case: In Re Conservatorship of Leon Aubrey Manners (Tenn. Ct. App. 2026).

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In Re Conservatorship of Leon Aubrey Manners (Tenn. Ct. App. 2026). · cites it 30× “See Tenn. Code Ann. § 34-1-114 . “Issues of statutory interpretation are questions of law, which are also reviewed de novo without a presumption of correctness.”

In Re: Conservatorship of Leah Angelique Thomas - Cathey J. Tillman, Conservator v. Ronald Marvell Thomas (Tenn. Ct. App. 2012). · cites it 30× “The trial court found that “the applicable statute,” Tenn. Code Ann. § 34-1-114 , authorized the payment of “a Petitioner’s fees” if “a fiduciary” is appointed.”

In Re: Conservatorship of Glen Travis Campbell (Tenn. Ct. App. 2017). · cites it 8× “See Tenn. Code Ann. § 34-1-114 (a) (providing that attorney’s fees incurred by the petitioner of the conservatorship during the conservatorship proceeding may be taxed “to any other party .”

In Re: The Conservatorship of Paul Estil Lindsey (Tenn. Ct. App. 2011). · cites it 12× “Tenn. Code Ann. § 34-1-114 (a)(2007). Ms.”

Patsy L. Aldridge v. Pam Aldridge In Re: Conservatorship of Bill M. Aldridge (Tenn. Ct. App. 2007). · cites it 11× “Daughter argues that Tenn. Code Ann. § 34-1-114 governs the award of attorney’s fees, and that Wife is not one of the listed parties eligible for an award of attorney’s fees.”

In Re Conservatorship of Mary Annie Haynes (Tenn. Ct. App. 2017). · cites it 6× “First, with regard to Appellant’s argument that he is entitled to attorney’s fees under Tennessee Code Annotated section 34-1-114, Appellant states: [T]he Court was of the opinion that the Appellant Timothy Haynes lacked standing to bring suit to recover his mother’s real and…”

In Re Conservatorship of Robert E. Hathaway (Tenn. Ct. App. 2023). · cites it 6× “Tenn. Code Ann. §34-1-114 . Tillman v. Thomas, 2012 W.”

In Re: Conservatorship of John Daniel Tate (Tenn. Ct. App. 2011). · cites it 10× “Three issues are presented: whether the evidence clearly and convincingly established that the respondent was a disabled person in need of the protection and supervision of the court; which party is responsible for the costs of the proceedings under Tennessee Code Annotated §…”

In The Matter of The Conservatorship of Donald E. Todd v. Tonya Todd Just. (Tenn. Ct. App. 2010). · cites it 10× “The trial court granted the petition, appointing co-conservators for Appellant, and charging fees and expenses to the Appellant’s funds, pursuant to Tenn. Code Ann. § 34-1-114 . Appellant appeals.”

In Re: Convervatorship of Goldie Childs (Tenn. Ct. App. 2011). · cites it 8× “We vacate the judgment based on the unsuccessful petition to remove the conservator and we remand the case for further proceedings, because although Tenn. Code Ann. § 34-1-114 does allow an assessment of costs against such petitioners, it is unclear how much of the court’s…”

In Re Conservatorship of Dessa L. McQuinn (Tenn. Ct. App. 2015). · cites it 8× “Exercising the discretion provided it by Tenn. Code Ann. § 34-1-114 (Supp. 2013), the trial court ordered Cameron to pay the fees and expenses of McQuinn‟s appointed guardian ad litem.”

In re Conservatorship of Frank S. King, Jr. (Tenn. Ct. App. 2015). · cites it 8× “King was not entitled to recover her attorney‟s fees pursuant to Tenn. Code Ann. § 34-1-114 (a). See Aldridge v.”

Show all 16 citing cases →

— Tenn. Code Ann. § 34-1-114(a) — 6 cases

In Re: Conservatorship of John Daniel Tate (Tenn. Ct. App. 2011). “Three issues are presented: whether the evidence clearly and convincingly established that the respondent was a disabled person in need of the protection and supervision of the court; which party is responsible for the costs of the proceedings under Tennessee Code Annotated §…”

In Re Conservatorship of Mary Ann Tapp (Tenn. Ct. App. 2021).

In Re Conservatorship of Leon Aubrey Manners (Tenn. Ct. App. 2026). “See Tenn. Code Ann. § 34-1-114 . “Issues of statutory interpretation are questions of law, which are also reviewed de novo without a presumption of correctness.”

In Re: The Conservatorship of Paul Estil Lindsey (Tenn. Ct. App. 2011). “Tenn. Code Ann. § 34-1-114 (a)(2007). Ms.”

In Re: Conservatorship of Glen Travis Campbell (Tenn. Ct. App. 2017). “See Tenn. Code Ann. § 34-1-114 (a) (providing that attorney’s fees incurred by the petitioner of the conservatorship during the conservatorship proceeding may be taxed “to any other party .”

— Tenn. Code Ann. § 34-1-114(b) — 1 case

— Tenn. Code Ann. § 34-1-114(c) — 1 case

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