Tennessee Code Annotated
Tenn. Code Ann. § 34-1-126 (2026)
Finding of disablement and need of assistance prerequisite for appointment of fiduciary
✓ current as of May 2026
The court must find by clear and convincing evidence that the respondent is fully or partially disabled and that the respondent is in need of assistance from the court before a fiduciary can be appointed.
Acts 1992, ch. 794, § 27; T.C.A. § 34-11-126.
Notes of Decisions
Cited in 19
cases (4 in the last 5 years), 2002–2026 · leading case: In the Matter of Lyle L. LAWTON. Stephen Lawton v. Lyle L. Lawton, 384 S.W.3d 754 (Tenn. Ct. App. 2012).
In the Matter of Lyle L. LAWTON. Stephen Lawton v. Lyle L. Lawton, 384 S.W.3d 754 (Tenn. Ct. App. 2012). “3d at 330 (citing Tenn. Code Ann. § 34-1-126 ). Once the petitioner meets his burden of proving that the respondent is fully or partially disabled and in need of assistance from the court, the trial court is then charged with responsibility for determining whether the…”
In Re Conservatorship of Groves, 109 S.W.3d 317 (Tenn. Ct. App. 2003). “” Tenn.Code Ann. § 34-1-126 (2001). 27 This heightened standard of proof eliminates all serious or substantial doubt concerning the correctness of the conclusions to be drawn from the evidence.”
San Juan-Torregosa v. Garcia, 80 S.W.3d 539 (Tenn. Ct. App. 2002). “See Tenn.Code Ann. § 34-1-126 and § 34-3-103.”
In The Matter of The Conservatorship of Donald E. Todd v. Tonya Todd Just. (Tenn. Ct. App. 2010). “2003) (quoting Tenn. Code Ann. § 34-1-126 ). Specifically, Tenn.”
In re Conservatorship For Mary N. Ayers (Tenn. Ct. App. 2015). “” Tenn. Code Ann. § 34-1-126 (2007) (emphasis added).”
In Re Conservatorship Of Laylon Eugene Perry (Tenn. Ct. App. 2020). “” Tenn. Code Ann. § 34-1-126 . Therefore, on appeal, “we must determine whether the combined weight of the facts, as supported by a preponderance of the evidence, establishes clearly and convincingly that a -3- conservatorship [is] warranted.”
In Re Conservatorship of John Martin Muldoon (Tenn. Ct. App. 2020). “27, 2005) (citing Tenn. Code Ann. § 34-1-126 ). Both elements must be proven by clear and convincing evidence.”
In Re: Conservatorship of Lila M. Trout (Tenn. Ct. App. 2009). “; Tenn. Code Ann. § 34-1-126 (2007). Given this heightened standard, the appellate court is required to adopt the customary standard of review, drawing “a distinction between specific facts and the combined weight of these facts.”
In The Matter of the Conservatorship of Doris Davenport Doris Davenport, Doris Davenport v. Ruth Adair (Tenn. Ct. App. 2005). “” Tenn. Code Ann. § 34-1-126 (2003); see also Hendrix v.”
In Re: Conservatorship Of Bill Bartlett (Tenn. Ct. App. 2015). “” Tenn. Code Ann. § 34-1-126 . “Statutory interpretation is a question of law, which we review de novo, with no presumption of correctness given to the courts below.”
State of Tennessee Dep't of Corr. v. George Todd (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 34-1-126 . A “[p]erson with a disability” is defined as “any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, -6- protection, and assistance by reason of mental illness, physical illness or…”
In Re Conservatorship of Otto Tillman Stiefel (Tenn. Ct. App. 2017). “Stiefel specifically states that the trial court found clear and convincing evidence that he was in need of a conservator stating: “In accordance with Tenn. Code Ann. §34-1-126 , this Court finds by clear and convincing evidence that [Mr.”
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