Tennessee Code Annotated

Tenn. Code Ann. § 34-3-106 (2026)

Rights of respondent

✓ current as of May 2026

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The respondent has the right to:

(1) On demand by respondent or the guardian ad litem, a hearing on the issue of disability;

(2) Present evidence, including testimony or other evidence from a physician, psychologist or senior psychological examiner of the respondent's choosing, and confront, as a cross-examiner, witnesses;

(3) Appeal the final decision on the petition with the assistance of an attorney ad litem or adversary counsel;

(4) Attend any hearing;

(5) Have an attorney ad litem appointed to advocate the interests of the respondent; and

(6) Request a protective order placing under seal the respondent's financial information and any health information not otherwise protected by § 34-3-105(f).

Amended by 2021 Tenn. Acts, ch. 305, s 4, eff. 5/4/2021.

Amended by 2014 Tenn. Acts, ch. 799, s 1, eff. 7/1/2014.

Amended by 2013 Tenn. Acts, ch. 435, s 28, eff. 7/1/2013.

Acts 1992, ch. 794, § 46; 1996, ch. 1015, § 2; T.C.A. § 34-13-106.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 2009–2026 · leading case: In the Matter of Lyle L. LAWTON. Stephen Lawton v. Lyle L. Lawton, 384 S.W.3d 754 (Tenn. Ct. App. 2012).

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In the Matter of Lyle L. LAWTON. Stephen Lawton v. Lyle L. Lawton, 384 S.W.3d 754 (Tenn. Ct. App. 2012). · cites it 3× “Tenn.Code Ann. § 34-3-106 (2007). By adjourning the hearing after Mr.”

In Re Est. of Miriam L. Rinehart, 363 S.W.3d 186 (Tenn. Ct. App. 2011). “At the hearing, the disabled person has all the rights set out in § 34-3-106. Tenn.Code Ann. § 34-3-108. There is no evidence in the record that anyone ever sought to modify the order granting the conservator-ship or that Ms.”

In Re: Conservatorship of Lila M. Trout (Tenn. Ct. App. 2009). · cites it 10× “Tenn. Code Ann. § 34-3-106 (2007). -4- report concluded that, while Ms.”

The Conservatorship of Annette H. Cross (Tenn. Ct. App. 2009). · cites it 5× “Said statute states that upon receiving a petition for discharge or modification, a hearing shall be conducted, wherein “the disabled person has all the rights set out in § 34-3-106.” Tenn. Code Ann. § 34-3-108 (c).”

In Re the Conservatorship of Mark T. Young v. Mark T. Young (Tenn. Ct. App. 2026). · cites it 2× “The court further determined that Tennessee Code Annotated section 34-3-106(5) “only allows a respondent to have an attorney ad litem appointed.”

In Re: The Conservatorship of Paul Estil Lindsey (Tenn. Ct. App. 2011). · cites it 3× “Tenn. Code Ann. § 34-3-106 (2007). In this case, the hearing in the probate court was bifurcated.”

In The Matter of The Conservatorship of Donald E. Todd v. Tonya Todd Just. (Tenn. Ct. App. 2010). · cites it 2× “Tenn. Code Ann. § 34-3-106 . Following our review of the record, and in light of the foregoing analysis, the problems with this case are myriad.”

— Tenn. Code Ann. § 34-3-106(5) — 2 cases

In Re the Conservatorship of Mark T. Young v. Mark T. Young (Tenn. Ct. App. 2026). “The court further determined that Tennessee Code Annotated section 34-3-106(5) “only allows a respondent to have an attorney ad litem appointed.”

In Re: Conservatorship of Lila M. Trout (Tenn. Ct. App. 2009). “Tenn. Code Ann. § 34-3-106 (2007). -4- report concluded that, while Ms.”

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