Tennessee Code Annotated

Tenn. Code Ann. § 34-6-104 (2026)

Effect of appointment of conservator, guardian or other fiduciary - Nomination by principal

✓ current as of May 2026

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(a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate or other fiduciary charged with the management of all of the principal's property or all of the principal's property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated.

(b) A principal may nominate, by a durable power of attorney, the conservator, guardian of the estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.

Acts 1983, ch. 299, § 4; T.C.A., § 34-13-104.

Notes of Decisions

Cited in 3 cases, 2000–2012 · leading case: In Re The Conservatorship of Alfonso B. Patton (Tenn. Ct. App. 2012).

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In Re The Conservatorship of Alfonso B. Patton (Tenn. Ct. App. 2012). · cites it 6× “Tenn. Code Ann. § 34-6-104 (b) (emphasis added).”

In The Matter of the Conservatorship of Doris Davenport Doris Davenport, Doris Davenport v. Ruth Adair (Tenn. Ct. App. 2005). · cites it 2× “Tenn. Code Ann. § 34-6-104 (b) (2003) (emphasis added); see also In re Armster, No.”

In the Matter of the Est. of S.W. Brindley (Tenn. Ct. App. 2000). · cites it 2× “See also Tenn. Code Ann. § 34-6-104 (stating that a fiduciary including a conservator, charged by the court with the management of the principal’s property may revoke or amend a pre-existing power of attorney).”

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