SB2201112th GA (Historical)Introduced

Amends TCA Title 29, Chapter 34 and Title 34, Chapter 1.

Under present law, a judge or chancellor may sign an order approving any tort claim settlement that is less than $10,000 involving a minor by relying on affidavits from the legal guardian. This bill removes this provision. Under present law, in any action, claim, or suit in which a minor or person with a disability is a party or in any case of personal injury to a minor or person with a disability caused by the alleged wrongful act of another, the court in which the action, claim, or suit is pending, or the court supervising the fiduciary relationship if a fiduciary has been appointed, has the power to approve a compromise on behalf of the minor or person with a disability. This bill makes this provision applicable to compromises in the amount of $10,000 or more. ON MARCH 30, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2201, AS AMENDED. AMENDMENT #1 adds a requirement that, in any tort claim settlement involving a minor, the court must also conduct a hearing at which the minor and legal guardian are present if the tort claim settlement: (1) Is a structured settlement; or (2) Involves a minor who is not represented by an attorney licensed to practice in this state. This amendment specifies that a tort claim settlement does not otherwise require court approval merely because it involves a minor. This amendment authorizes the court to conduct the hearing, discussed above, in chambers or by remote communication. The court may excuse the minor from attending the hearing. As noted above in the bill summary, under present law, in any action, claim, or suit in which a minor or person with a disability is a party or in any case of personal injury to a minor or person with a disability caused by the alleged wrongful act of another, the court in which the action, claim, or suit is pending, or the court supervising the fiduciary relationship if a fiduciary has been appointed, has the power to approve a compromise on behalf of the minor or person with a disability. This amendment removes this bill's provision which would have made that present law provision applicable to compromises in the amount of $10,000 or more; and this amendment removes the applicability of that present law provision to actions, suits, and claims involving a minor.

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Overview

Under present law, a judge or chancellor may sign an order approving any tort claim settlement that is less than $10,000 involving a minor by relying on affidavits from the legal guardian. This bill removes this provision. Under present law, in any action, claim, or suit in which a minor or person with a disability is a party or in any case of personal injury to a minor or person with a disability caused by the alleged wrongful act of another, the court in which the action, claim, or suit is pending, or the court supervising the fiduciary relationship if a fiduciary has been appointed, has the power to approve a compromise on behalf of the minor or person with a disability. This bill makes this provision applicable to compromises in the amount of $10,000 or more. ON MARCH 30, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2201, AS AMENDED. AMENDMENT #1 adds a requirement that, in any tort claim settlement involving a minor, the court must also conduct a hearing at which the minor and legal guardian are present if the tort claim settlement: (1) Is a structured settlement; or (2) Involves a minor who is not represented by an attorney licensed to practice in this state. This amendment specifies that a tort claim settlement does not otherwise require court approval merely because it involves a minor. This amendment authorizes the court to conduct the hearing, discussed above, in chambers or by remote communication. The court may excuse the minor from attending the hearing. As noted above in the bill summary, under present law, in any action, claim, or suit in which a minor or person with a disability is a party or in any case of personal injury to a minor or person with a disability caused by the alleged wrongful act of another, the court in which the action, claim, or suit is pending, or the court supervising the fiduciary relationship if a fiduciary has been appointed, has the power to approve a compromise on behalf of the minor or person with a disability. This amendment removes this bill's provision which would have made that present law provision applicable to compromises in the amount of $10,000 or more; and this amendment removes the applicability of that present law provision to actions, suits, and claims involving a minor.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 31, 2022

Subjects
48350750

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