Tennessee Code Annotated
Tenn. Code Ann. § 34-1-123 (2026)
Summons to appear for abuse, mismanagement or failure to perform - Removal - Submission of matter to district attorney general's office
✓ current as of May 2026
The court in its discretion may summon a fiduciary to appear before the court and may, if cause be shown, remove the fiduciary for any abuse, mismanagement, neglect or failure to perform the duties of fiduciary as set forth in this chapter, and chapters 2 and 3 of this title. If the court determines title 39, chapter 14, may apply to any fiduciary, the court in its discretion may submit the matter to the district attorney general's office.
Acts 1992, ch. 794, § 24; T.C.A. § 34-11-123.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2004–2025 · leading case: AmSouth Bank v. Cunningham, 253 S.W.3d 636 (Tenn. Ct. App. 2006).
AmSouth Bank v. Cunningham, 253 S.W.3d 636 (Tenn. Ct. App. 2006). “Further, Tenn.Code Ann. § 34-1-123 expressly authorizes the court “in its discretion” to summon a fiduciary before the court and, if cause be shown, remove the conservator for any abuse, mismanagement, neglect or failure to perform her duties.”
In re: Nancy Jane Shipe, Daniel P. McClure, (Conservator of Est.) v. Fae N. Shipe, (Conservator of the Person), & Nancy Jane Shipe (Ward) (Tenn. Ct. App. 2004). “McClure argues that the Court erred in relying on Tenn. Code Ann. §§34-1-123 and 34-3-108(a) in ruling on his Petition.”
In Re Conservatorship of Patricia L. Capelli (2025). “Further, Tenn. Code Ann. § 34-1-123 expressly authorizes the [trial] court “in its discretion” to summon a fiduciary before the court and, if cause be shown, remove the conservator for any abuse, mismanagement, neglect or failure to perform her duties.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.