Tennessee Code Annotated
Tenn. Code Ann. § 34-1-125 (2026)
Attorney ad litem
✓ current as of May 2026
- (a) The court shall appoint an attorney ad litem to represent the respondent on the respondent's request, upon the recommendation of the guardian ad litem or if it appears to the court to be necessary to protect the rights or interests of the respondent. The attorney ad litem shall be an advocate for the respondent in resisting the requested relief.
- (b)
- (1) Except as provided by subdivision (b)(2), the cost of the attorney ad litem must be charged against the assets of the respondent.
- (2) The costs of an attorney ad litem may, in the court's discretion, be charged against the petitioner if the court dismisses a conservatorship petition because of a finding of fraud, bad faith, or deception by the petitioner.
Amended by 2024 Tenn. Acts, ch. 807,s 1, eff. 4/29/2024.
Acts 1992, ch. 794, § 26; T.C.A. § 34-11-125.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 2003–2026 · leading case: In Re Conservatorship of Groves, 109 S.W.3d 317 (Tenn. Ct. App. 2003).
In Re Conservatorship of Groves, 109 S.W.3d 317 (Tenn. Ct. App. 2003). “Groves an attorney ád litem pursuant to Tenn.Code Ann. § 34-1-125 to seek to set aside the gifts dr to challenge the claims that she was so incapacitated that she required a conservator.”
Toms v. Toms, 209 S.W.3d 76 (Tenn. Ct. App. 2005). “§ 34-1-101 and § 34-1-125. Tennessee Code Annotated § 36-4-132 provides for the appointment of a guardian ad litem in actions for dissolution of marriage involving minor children upon the motion of either party or upon the court’s own motion.”
In Re Conservatorship of Leon Aubrey Manners (Tenn. Ct. App. 2026). “” Tenn. Code Ann. § 34-1-125 (a), (b)(1). That said, “[t]he costs of an attorney ad litem may, in the court’s discretion, be charged against the petitioner if the court dismisses a conservatorship petition because of a finding of fraud, bad faith, or deception by the petitioner.”
In Re: Conservatorship of Lila M. Trout (Tenn. Ct. App. 2009). “Tenn. Code Ann. § 34-1-125 (a) (2007) (emphasis added).”
In Re Conservatorship of Robert E. Hathaway (Tenn. Ct. App. 2023). “The trial court also noted that because Attorney Parks failed to apply for the appointment of an attorney ad litem under Tennessee Code Annotated section 34-1-125,2 the trial court lacked authority to award fees.”
In Re: Conservatorship of Leah Angelique Thomas - Cathey J. Tillman, Conservator v. Ronald Marvell Thomas (Tenn. Ct. App. 2012). “(citing Tenn. Code Ann. § 34-1-125 (b) (Supp. 2006)).”
In Re Conservatorship for WilIiam J. Allen (Tenn. Ct. App. 2010). “Tenn. Code Ann. § 34-1-125 . The legislature has clearly decided that when an attorney ad litem is appointed, the best interest of the respondent will be served by the adversarial nature of the proceeding with the court having the ultimate say of what is in the respondent’s best…”
Patsy L. Aldridge v. Pam Aldridge In Re: Conservatorship of Bill M. Aldridge (Tenn. Ct. App. 2007). “” Tenn. Code Ann. § 34-1-125 (b) (Supp. 2006).”
Lisa M. Paterson Potter v. Scott D. Paterson (Tenn. Ct. App. 2014). “Tenn. Code Ann. § 34-1-125 does provide for the appointment of an attorney ad litem in a conservatorship proceeding.”
In Re Conservatorship of Dessa L. McQuinn (Tenn. Ct. App. 2015). “Further, Tenn. Code Ann. § 34-1-125 provides as follows: Attorney ad litem.”
Jessica Diane Toms v. James Anthony Toms (Tenn. Ct. App. 2005). “§ 34-1-101 and § 34-1-125. Tennessee Code Annotated § 36-4-132 provides for the appointment of a guardian ad litem in actions for dissolution of marriage involving minor children upon the motion of either party or upon the court’s own motion.”
In Re Conservatorship of Michael S. Starnes (Tenn. Ct. App. 2014). “§ 34-1-125 . The legislature has clearly decided that when an attorney ad litem is appointed, the best interest of the respondent will be served by the adversarial nature of the proceeding with the court having the ultimate say of what is in the respondent's best interest.”
— Tenn. Code Ann. § 34-1-125(a) — 1 case
In Re: Conservatorship of Lila M. Trout (Tenn. Ct. App. 2009). “Tenn. Code Ann. § 34-1-125 (a) (2007) (emphasis added).”
— Tenn. Code Ann. § 34-1-125(b)(1) — 1 case
In Re Conservatorship of Leon Aubrey Manners (Tenn. Ct. App. 2026). “” Tenn. Code Ann. § 34-1-125 (a), (b)(1). That said, “[t]he costs of an attorney ad litem may, in the court’s discretion, be charged against the petitioner if the court dismisses a conservatorship petition because of a finding of fraud, bad faith, or deception by the petitioner.”
— Tenn. Code Ann. § 34-1-125(b)(2) — 1 case
In Re Conservatorship of Leon Aubrey Manners (Tenn. Ct. App. 2026). “” Tenn. Code Ann. § 34-1-125 (a), (b)(1). That said, “[t]he costs of an attorney ad litem may, in the court’s discretion, be charged against the petitioner if the court dismisses a conservatorship petition because of a finding of fraud, bad faith, or deception by the petitioner.”
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