Tenn. Code Ann. » Tenn. Code / Title 34 / Chapter 3
Tennessee Code Annotated

Tenn. Code Ann. § 34-3-101 (2026)

Action for appointment of conservator - Where brought

✓ current as of May 2026
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Amended by 2021 Tenn. Acts, ch. 133, s 1, eff. 4/13/2021.

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

Acts 1992, ch. 794, § 41; T.C.A. § 34-13-101.

Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 2001–2026 · leading case: AmSouth Bank v. Cunningham, 253 S.W.3d 636 (Tenn. Ct. App. 2006).
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AmSouth Bank v. Cunningham, 253 S.W.3d 636 (Tenn. Ct. App. 2006). · cites it 3× “Other than name, there is no distinction in the rights and responsibilities of a conservator appointed pursuant to Tenn.Code Ann. § 34-3-101 and a guardian appointed pursuant to the Uniform Veterans’ Guardianship Law.”
In Re Est. of Miriam L. Rinehart, 363 S.W.3d 186 (Tenn. Ct. App. 2011). “§ 34-3-101(a) (“Actions for the appointment of a conservator may be brought in a court exercising probate jurisdiction or any other court of record of any county in which there is venue.”
In re Conservatorship of Ackerman, 280 S.W.3d 206 (Tenn. Ct. App. 2008). “§§ 34-13-101 to 34-13-109, was transferred to §§ 34-3-101 to 34-3-109 in 2001. . The document provided, in part, as follows: This instrument is intended to avoid the need for a court-appointed conservator or other fiduciary, but in the event an action is filed in Court for the…”
San Juan-Torregosa v. Garcia, 80 S.W.3d 539 (Tenn. Ct. App. 2002). · cites it 2× “Tenn. Code Ann. § 34-3-101 et seq. provides that a conservator can be appointed for a disabled adult, and that such conservator can be vested with the right to give or refuse consent to medical treatment.”
Mandi Gregory v. Peachtree Settlement a/k/a Settlement Funding, LLC (Tenn. Ct. App. 2025). · cites it 8× “” Tenn. Code Ann. § 34-3-101 (b). Venue is jurisdictional in conservatorship proceedings.”
In Re: Proposed Conservatorship of Mary F. Stratton (Tenn. Ct. App. 2013). · cites it 7× “See Tenn. Code Ann. § 34-3-101 (2007).2 It dismissed the petition.”
In Re Conservatorship of Mary Ann Tapp (Tenn. Ct. App. 2021). · cites it 4× “Tennessee Code Annotated section 34-3-101(b) states, “[a]n action for the appointment of a conservator shall be brought in the county of residence of the alleged person with a disability.”
In Re Conservatorship Of Laylon Eugene Perry (Tenn. Ct. App. 2020). · cites it 2× “Perry is ‘in need’ of a conservator for either his person or his property under Tenn. Code Ann. § 34-3-101 , et seq., despite the fact that the evidence may show he is a ‘disabled person.”
Whynot (W.D. Tenn. 2026). · cites it 2× “Tennessee Code Annotated section 34-3-101 provides, in relevant part, that (a) Actions for the appointment of a conservator may be brought in a court exercising probate jurisdiction or any other court of record of any county in which there is venue.”
Lisa Arnold, an un-emancipated child, by Renate Arnold, Mother/Next-Best Friend v. Randy Kennedy (Tenn. Ct. App. 2013). · cites it 2× “Indeed, Tennessee Code Annotated § 34-3-101 provides: (a) Actions for the appointment of a conservator may be brought in a court exercising probate jurisdiction or any other court of record of any county in which there is venue.”
Thomas Wynns III v. Rae Cummings (Tenn. Ct. App. 2001). · cites it 2× “See T.C.A. § 34-3-101 (b) (2001)3. Thomas asserts that Leola had changed her residence and domicile to West Point, Mississippi and, therefore, is not subject to a conservatorship proceeding in Shelby County, Tennessee.”
In Re: Est. Of Ernest Lester Salmons (Tenn. Ct. App. 2018). “” Moreover, Tennessee Code Annotated § 16-1-116 has been utilized to transfer actions to the proper 2 Similarly, in conservatorship proceedings, Tennessee Code Annotated § 34-3-101(b) (2015) provides: “An action for the appointment of a conservator shall be brought in the county…”
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— Tenn. Code Ann. § 34-3-101(a) — 3 cases
In Re Est. of Miriam L. Rinehart, 363 S.W.3d 186 (Tenn. Ct. App. 2011). “§ 34-3-101(a) (“Actions for the appointment of a conservator may be brought in a court exercising probate jurisdiction or any other court of record of any county in which there is venue.”
In Re Conservatorship of Leon Aubrey Manners (Tenn. Ct. App. 2026).
Lisa Arnold, an un-emancipated child, by Renate Arnold, Mother/Next-Best Friend v. Randy Kennedy (Tenn. Ct. App. 2013). “Indeed, Tennessee Code Annotated § 34-3-101 provides: (a) Actions for the appointment of a conservator may be brought in a court exercising probate jurisdiction or any other court of record of any county in which there is venue.”
— Tenn. Code Ann. § 34-3-101(b) — 3 cases
In Re Conservatorship of Mary Ann Tapp (Tenn. Ct. App. 2021). “Tennessee Code Annotated section 34-3-101(b) states, “[a]n action for the appointment of a conservator shall be brought in the county of residence of the alleged person with a disability.”
In Re: Est. Of Ernest Lester Salmons (Tenn. Ct. App. 2018). “” Moreover, Tennessee Code Annotated § 16-1-116 has been utilized to transfer actions to the proper 2 Similarly, in conservatorship proceedings, Tennessee Code Annotated § 34-3-101(b) (2015) provides: “An action for the appointment of a conservator shall be brought in the county…”
In Re: Proposed Conservatorship of Mary F. Stratton (Tenn. Ct. App. 2013). “See Tenn. Code Ann. § 34-3-101 (2007).2 It dismissed the petition.”
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