HB0024Withdrawn

Amends TCA Title 34 and Title 35.

This bill requires a court to conduct criminal background checks and, in certain circumstances, obtain a credit report before appointing a proposed conservator. This bill also requires conservators to complete educational training on conservatorships within 30 days of appointment.<br /> <br /> Present law provides that a petition for the appointment of a conservator should contain, among other items, the following: the name, age, and mailing address of the proposed conservator; relationship of the proposed conservator to the respondent; a statement of any felony or misdemeanor conviction of the proposed conservator; and, if the proposed conservator is not the petitioner, a statement signed by the proposed conservator acknowledging awareness of the petition and a willingness to serve.<br /> <br /> This bill adds the following to the items a petition should contain:<br /> <br /> (1) The proposed conservator's fingerprint sample;<br /> (2) The proposed conservator's consent to conduct a state and national criminal history background check; and<br /> (3) If the petition requests the conservator to manage the property of the respondent, the proposed conservator's authorization and any information necessary for the court to obtain an independent credit report for the proposed conservator from a consumer reporting agency. <br /> <br /> This bill requires a court to obtain, upon receiving the fingerprints and consent, a state criminal history from the Tennessee bureau of investigation, a national criminal history from the federal bureau of investigation, and, if the petition contains authorization to obtain a credit report, a credit report of the proposed conservator. A court will be required to review the results of a criminal history background check and, if applicable, an independent credit report for that conservator before entering an order appointing a conservator. All appropriate costs incurred by the TBI and the FBI in conducting the criminal history background check must be paid by the petitioner.<br /> <br /> This bill also requires any individual appointed to serve as a conservator to complete educational training on conservatorships, unless the court orders otherwise. The conservator must submit an affidavit of completion to the court within 30 days of appointment or the court may discharge the conservator. This bill requires the commission on aging to coordinate the education program.<br /> <br />

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Overview

This bill requires a court to conduct criminal background checks and, in certain circumstances, obtain a credit report before appointing a proposed conservator. This bill also requires conservators to complete educational training on conservatorships within 30 days of appointment.<br /> <br /> Present law provides that a petition for the appointment of a conservator should contain, among other items, the following: the name, age, and mailing address of the proposed conservator; relationship of the proposed conservator to the respondent; a statement of any felony or misdemeanor conviction of the proposed conservator; and, if the proposed conservator is not the petitioner, a statement signed by the proposed conservator acknowledging awareness of the petition and a willingness to serve.<br /> <br /> This bill adds the following to the items a petition should contain:<br /> <br /> (1) The proposed conservator's fingerprint sample;<br /> (2) The proposed conservator's consent to conduct a state and national criminal history background check; and<br /> (3) If the petition requests the conservator to manage the property of the respondent, the proposed conservator's authorization and any information necessary for the court to obtain an independent credit report for the proposed conservator from a consumer reporting agency. <br /> <br /> This bill requires a court to obtain, upon receiving the fingerprints and consent, a state criminal history from the Tennessee bureau of investigation, a national criminal history from the federal bureau of investigation, and, if the petition contains authorization to obtain a credit report, a credit report of the proposed conservator. A court will be required to review the results of a criminal history background check and, if applicable, an independent credit report for that conservator before entering an order appointing a conservator. All appropriate costs incurred by the TBI and the FBI in conducting the criminal history background check must be paid by the petitioner.<br /> <br /> This bill also requires any individual appointed to serve as a conservator to complete educational training on conservatorships, unless the court orders otherwise. The conservator must submit an affidavit of completion to the court within 30 days of appointment or the court may discharge the conservator. This bill requires the commission on aging to coordinate the education program.<br /> <br />

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Sponsor

Jernigan, Darren

Details
Session

111th General Assembly

Introduced

January 8, 2019

Last Action

May 7, 2019

Withdrawn.

Subjects
Guardians and Conservators

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