Tennessee Code Annotated
Tenn. Code Ann. § 34-3-105 (2026)
Examination, physical, psychological or otherwise, of respondent - Confidentiality
✓ current as of May 2026
- (a) If the respondent has been examined not more that ninety (90) days prior to the filing of the petition and the examination is pertinent, then the examination report must be submitted with the petition. If the respondent has not been examined within ninety (90) days of the filing of the petition, cannot get out to be examined, or refuses to be voluntarily examined, then the court shall order the respondent to submit to examination by an examiner identified in the petition or, if no examiner is identified in the petition, by an examiner selected by the court. The examiner on completing the examination shall send the examination report to the court with copies to the petitioner and the guardian ad litem, if one has been appointed. The examiner's examination report must be sworn.
- (b) On motion by the petitioner, the respondent, the adversary counsel, the guardian ad litem, if one has been appointed, or on its own initiative, the court may order the respondent to submit to examination by an examiner or other specialists who have expertise in the specific disability of the respondent. The examiner or other specialist shall send the sworn examination report to the court with copies to the petitioner and the guardian ad litem, if one has been appointed. The court may assess the cost of the second examination against the property of the respondent or against the person requesting the examination report.
- (c) Each sworn examination report must contain the following:
- (1) The respondent's medical history; provided, that this subdivision (c)(1) shall not be construed to expand the examiner's scope of practice;
- (2) A description of the nature and type of the respondent's disability;
- (3) An opinion as to whether a conservator is needed and the type and scope of the conservator with specific statement of the reasons for the recommendation of conservatorship; and
- (4) Any other matters as the court deems necessary or advisable.
- (d) The sworn examination report shall be prima facie evidence of the respondent's disability and need for the appointment of a fiduciary unless the report is contested and found to be in error.
- (e) If upon an additional finding that the person with a disability poses a threat to self or others in accordance with the mental health law, title 33, a court of competent jurisdiction may order a commitment to involuntary care and treatment.
- (f) Reports and documents prepared under this section are confidential and are not open for inspection by the public. However, this section does not:
- (1) Limit the respondent or the respondent's agent or attorney from having access to any such reports or documents about the respondent; or
- (2) Prohibit an investigative body from accessing any such reports or documents as authorized or required by law.
- (g) As used in this section:
- (1) "Examination report" means the written report by the examiner of the evaluation of the respondent;
- (2) "Examine" means the respondent has been evaluated by an examiner;
- (3) "Examiner" means a physician, psychologist, or senior psychological examiner; and
- (4) "Sworn" means sworn before a notary public or declared under penalty of perjury as set forth in Tennessee Rules of Civil Procedure, Rule 72.
Amended by 2024 Tenn. Acts, ch. 630,s 4, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 630,s 3, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 630,s 2, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 630,s 1, eff. 3/27/2024.
Amended by 2021 Tenn. Acts, ch. 305, s 3, eff. 5/4/2021.
Amended by 2013 Tenn. Acts, ch. 435, s 27, eff. 7/1/2013.
Acts 1992, ch. 794, § 45; T.C.A. §34-13-105; Acts 2012 , ch. 807, § 2.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 2005–2026 · 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). “Gwirtsman did not comply with the requirements set forth in Tennessee Code Annotated § 34-3-105 which lists criteria for a physician’s report in a conservator-ship proceeding.”
In Re Conservatorship of Otto Tillman Stiefel (Tenn. Ct. App. 2017). “” Tenn. Code Ann. §34-3-105 (d). Mr. Woodhouse contends that even though Mr.”
In The Matter of the Conservatorship of Doris Davenport Doris Davenport, Doris Davenport v. Ruth Adair (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 34-3-105 (2003) (emphasis added).”
In Re: Conservatorship of John Daniel Tate (Tenn. Ct. App. 2011). “See Tenn. Code Ann. § 34-3-105 (c) (stating that the physician shall state “an opinion as to whether a conservator is needed and the type and scope of the conservator with specific statement of the reasons for the recommendation of conservatorship.”
In The Matter of The Conservatorship of Donald E. Todd v. Tonya Todd Just. (Tenn. Ct. App. 2010). “However, the report must comply with certain criteria set out at Tenn. Code Ann. § 34-3-105 : (a) If the respondent has been examined by a physician or, where appropriate, a psychologist not more than ninety (90) days prior to the filing of the petition and the examination is…”
In Re Conservatorship of Michael S. Starnes (Tenn. Ct. App. 2014). “The renewed motion to dismiss was set for hearing on June 26, 2013; however, on that day, the trial court held an in-chambers conference with counsel for the parties and orally held that, pursuant to Tennessee Code Annotated Section 34-3-105, Mr. Starnes would be required to…”
In Re: Conservatorship For Ralph C. Williams (Tenn. Ct. App. 2018). “The record reflects that a physician’s report was filed pursuant to Tennessee Code Annotated section 34-3-105(b).2 The report, dated November 21, 2016, provided that Respondent was last examined by Odacir H.”
In Re Conservatorship of John Martin Muldoon (Tenn. Ct. App. 2020). “Petitioner presented with her petition two signed letters from practicing physicians and one sworn physician’s report which purported to comply with the requirements of Tennessee Code Annotated section 34-3-105(c). The doctors’ statements indicated that Respondent’s stroke2…”
In Re: Proposed Conservatorship of Mary F. Stratton (Tenn. Ct. App. 2013). “In the alternative, [Mother] has refused to be examined, has been prevented from being examined by [Jean] Busby (the person in whose home [Mother] has been kept since March, 2009) and/or cannot get out to be examined, and the Court -5- should order [Mother] to undergo a mental…”
In Re James Preston Hess, IV (Tenn. Ct. App. 2012). “§ 34-3 - 104(7) requires that a sworn medical examination report be filed with the petition; Tenn. Code Ann. § 34-3-105 requires the report to include, inter alia, an opinion as to whether a conservator is needed with reasons for the recommendation.”
In Re Conservatorship of Leon Aubrey Manners (Tenn. Ct. App. 2026). “5 The Report was provided in accordance with Tennessee Code Annotated § 34-3-105, which requires an examination report to be submitted to the court when pertinent.”
In Re Conservatorship of Dessa L. McQuinn (Tenn. Ct. App. 2015). “Tennessee Code Annotated § 34-3-105(d)(Supp. 2013). Trial Exhibit 2 was a copy of medical records in Ms.”
— Tenn. Code Ann. § 34-3-105(a) — 2 cases
In The Matter of the Conservatorship of Doris Davenport Doris Davenport, Doris Davenport v. Ruth Adair (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 34-3-105 (2003) (emphasis added).”
In Re: Conservatorship of John Daniel Tate (Tenn. Ct. App. 2011). “See Tenn. Code Ann. § 34-3-105 (c) (stating that the physician shall state “an opinion as to whether a conservator is needed and the type and scope of the conservator with specific statement of the reasons for the recommendation of conservatorship.”
— Tenn. Code Ann. § 34-3-105(b) — 2 cases
In Re Conservatorship of Otto Tillman Stiefel (Tenn. Ct. App. 2017). “” Tenn. Code Ann. §34-3-105 (d). Mr. Woodhouse contends that even though Mr.”
In Re: Conservatorship For Ralph C. Williams (Tenn. Ct. App. 2018). “The record reflects that a physician’s report was filed pursuant to Tennessee Code Annotated section 34-3-105(b).2 The report, dated November 21, 2016, provided that Respondent was last examined by Odacir H.”
— Tenn. Code Ann. § 34-3-105(c) — 1 case
In Re Conservatorship of John Martin Muldoon (Tenn. Ct. App. 2020). “Petitioner presented with her petition two signed letters from practicing physicians and one sworn physician’s report which purported to comply with the requirements of Tennessee Code Annotated section 34-3-105(c). The doctors’ statements indicated that Respondent’s stroke2…”
— Tenn. Code Ann. § 34-3-105(d) — 3 cases
In Re Conservatorship of Otto Tillman Stiefel (Tenn. Ct. App. 2017). “” Tenn. Code Ann. §34-3-105 (d). Mr. Woodhouse contends that even though Mr.”
In Re Conservatorship of Michael S. Starnes (Tenn. Ct. App. 2014). “The renewed motion to dismiss was set for hearing on June 26, 2013; however, on that day, the trial court held an in-chambers conference with counsel for the parties and orally held that, pursuant to Tennessee Code Annotated Section 34-3-105, Mr. Starnes would be required to…”
In Re Conservatorship of Dessa L. McQuinn (Tenn. Ct. App. 2015). “Tennessee Code Annotated § 34-3-105(d)(Supp. 2013). Trial Exhibit 2 was a copy of medical records in Ms.”
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