Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0634 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 233
3	3	By Akbari
4	4
5	5	HOUSE BILL 634
6	6	By Clemmons
7	7
8	8
9	9	HB0634
10	10	001738
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 4;
14	14	Title 34 and Title 71, Chapter 2, relative to
15	15	conservatorships.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Title 34, Chapter 3, is amended by adding
19	19	the following new section:
20	20	(a) There is created the conservatorship management task force, hereafter
21	21	referred to in this section as the "task force".
22	22	(b) The task force is composed of nine (9) members, which include:
23	23	(1) The commissioner of disability and aging or the commissioner's
24	24	designee;
25	25	(2) The commissioner of health or the commissioner's designee;
26	26	(3) The director of the administrative office of the courts or the director's
27	27	designee;
28	28	(4) The commissioner of human resources or the commissioner's
29	29	designee;
30	30	(5) The commissioner of mental health and substance abuse services or
31	31	the commissioner's designee; and
32	32	(6) The following public members, to be appointed by the governor:
33	33	(A) One (1) current member of the judiciary with experience in
34	34	probate matters;
35	35	(B) One (1) representative from the Conservatorship Association
36	36	of Tennessee;
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38	38
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41	41	(C) One (1) representative from either a legal services program or
42	42	legal aid office in this state, or an attorney who contracts with either
43	43	program or office; and
44	44	(D) One (1) representative of the Tennessee Center for Decision-
45	45	Making Support.
46	46	(c) Initial appointees to the task force under subdivision (b)(6) serve staggered
47	47	terms as follows:
48	48	(1) The persons appointed under subdivisions (b)(6)(A) and (b)(6)(B)
49	49	shall serve initial terms terminating on June 30, 2027; and
50	50	(2) The persons appointed under subdivisions (b)(6)(C) and (b)(6)(D)
51	51	shall serve initial terms terminating on June 30, 2028.
52	52	(d)
53	53	(1) Following the expiration of members' initial terms as prescribed in
54	54	subsection (c), all appointments to the task force are for terms of three (3) years
55	55	and shall begin on July 1 and terminate on June 30, three (3) years thereafter.
56	56	(2) Public members shall serve until the expiration of the term to which
57	57	they were appointed and until their successors are appointed and qualified.
58	58	(3) Members are eligible for reappointment to the task force following the
59	59	expiration of their terms, but shall serve no more than two (2) consecutive three-
60	60	year terms.
61	61	(e) The purpose of the task force is to:
62	62	(1) Review the care and management provided by conservators to
63	63	determine the health, safety, and welfare of individuals under a conservatorship
64	64	and make recommendations;
65	65
66	66
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68	68
69	69	(2) Determine the amount of assets managed by conservators and
70	70	review the management of assets by conservators;
71	71	(3) Review the provision and direction of available resources to promote
72	72	effective and successful conservatorships;
73	73	(4) Review education offerings and requirements for conservators and
74	74	the public about conservatorships in this state;
75	75	(5) Determine a process to provide notification to the court when a
76	76	conservator is removed for cause;
77	77	(6) Determine the capacity to document and track information for
78	78	conservatorships in one (1) central location;
79	79	(7) Review the capacity to detect fraud and abuse of persons subject to
80	80	conservatorship by enhancing this state's ability to identify potential areas of
81	81	concern;
82	82	(8) Review the capacity of the public guardianship program and
83	83	determine the need for an independent conservator panel or professional
84	84	conservators;
85	85	(9) Review the monitoring of conservatorships and determine the
86	86	necessity for a central oversight office; and
87	87	(10) Address other issues identified in the course of the work of the task
88	88	force.
89	89	(f) A majority of the members constitutes a quorum. The governor shall appoint
90	90	a chair from the members appointed pursuant to subdivision (b)(6).
91	91	(g) The task force shall meet quarterly and may meet more often upon a call of
92	92	the chair.
93	93
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97	97	(h) The task force shall submit a report of its findings and recommendations to
98	98	the department of disability and aging and the administrative office of the courts no later
99	99	than December 31, 2025 and every year thereafter.
100	100	(i) The task force is administratively attached to the department of disability and
101	101	aging. All appropriate agencies of state government shall provide assistance to the task
102	102	force upon request of the task force.
103	103	(j) If vacancies occur on the task force for any cause, then the governor shall fill
104	104	the vacancies within sixty (60) days for the duration of the unexpired term, if applicable.
105	105	(k) No members of the task force shall receive compensation, nor shall members
106	106	be entitled to reimbursement for actual travel and other expenses incurred in attending
107	107	any meeting and in performing any duties prescribed in this section.
108	108	SECTION 2. For the purpose of appointing members to the task force, this act takes
109	109	effect upon becoming a law, the public welfare requiring it. For all other purposes, this act takes
110	110	effect July 1, 2025, the public welfare requiring it.