Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0233 Compare Versions

OldNewDifferences
11
2-HOUSE BILL 634
3- By Clemmons
2+<BillNo> <Sponsor>
43
54 SENATE BILL 233
65 By Akbari
76
87
98 SB0233
109 001738
1110 - 1 -
1211
1312 AN ACT to amend Tennessee Code Annotated, Title 4;
1413 Title 34 and Title 71, Chapter 2, relative to
1514 conservatorships.
1615
1716 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1817 SECTION 1. Tennessee Code Annotated, Title 34, Chapter 3, is amended by adding
1918 the following new section:
2019 (a) There is created the conservatorship management task force, hereafter
2120 referred to in this section as the "task force".
2221 (b) The task force is composed of nine (9) members, which include:
2322 (1) The commissioner of disability and aging or the commissioner's
2423 designee;
2524 (2) The commissioner of health or the commissioner's designee;
2625 (3) The director of the administrative office of the courts or the director's
2726 designee;
2827 (4) The commissioner of human resources or the commissioner's
2928 designee;
3029 (5) The commissioner of mental health and substance abuse services or
3130 the commissioner's designee; and
3231 (6) The following public members, to be appointed by the governor:
3332 (A) One (1) current member of the judiciary with experience in
3433 probate matters;
3534 (B) One (1) representative from the Conservatorship Association
3635 of Tennessee;
3736
3837
3938 - 2 - 001738
4039
4140 (C) One (1) representative from either a legal services program or
4241 legal aid office in this state, or an attorney who contracts with either
4342 program or office; and
4443 (D) One (1) representative of the Tennessee Center for Decision-
4544 Making Support.
4645 (c) Initial appointees to the task force under subdivision (b)(6) serve staggered
4746 terms as follows:
4847 (1) The persons appointed under subdivisions (b)(6)(A) and (b)(6)(B)
4948 shall serve initial terms terminating on June 30, 2027; and
5049 (2) The persons appointed under subdivisions (b)(6)(C) and (b)(6)(D)
5150 shall serve initial terms terminating on June 30, 2028.
5251 (d)
5352 (1) Following the expiration of members' initial terms as prescribed in
5453 subsection (c), all appointments to the task force are for terms of three (3) years
5554 and shall begin on July 1 and terminate on June 30, three (3) years thereafter.
5655 (2) Public members shall serve until the expiration of the term to which
5756 they were appointed and until their successors are appointed and qualified.
5857 (3) Members are eligible for reappointment to the task force following the
5958 expiration of their terms, but shall serve no more than two (2) consecutive three-
6059 year terms.
6160 (e) The purpose of the task force is to:
6261 (1) Review the care and management provided by conservators to
6362 determine the health, safety, and welfare of individuals under a conservatorship
6463 and make recommendations;
6564
6665
6766 - 3 - 001738
6867
6968 (2) Determine the amount of assets managed by conservators and
7069 review the management of assets by conservators;
7170 (3) Review the provision and direction of available resources to promote
7271 effective and successful conservatorships;
7372 (4) Review education offerings and requirements for conservators and
7473 the public about conservatorships in this state;
7574 (5) Determine a process to provide notification to the court when a
7675 conservator is removed for cause;
7776 (6) Determine the capacity to document and track information for
7877 conservatorships in one (1) central location;
7978 (7) Review the capacity to detect fraud and abuse of persons subject to
8079 conservatorship by enhancing this state's ability to identify potential areas of
8180 concern;
8281 (8) Review the capacity of the public guardianship program and
8382 determine the need for an independent conservator panel or professional
8483 conservators;
8584 (9) Review the monitoring of conservatorships and determine the
8685 necessity for a central oversight office; and
8786 (10) Address other issues identified in the course of the work of the task
8887 force.
8988 (f) A majority of the members constitutes a quorum. The governor shall appoint
9089 a chair from the members appointed pursuant to subdivision (b)(6).
9190 (g) The task force shall meet quarterly and may meet more often upon a call of
9291 the chair.
9392
9493
9594 - 4 - 001738
9695
9796 (h) The task force shall submit a report of its findings and recommendations to
9897 the department of disability and aging and the administrative office of the courts no later
9998 than December 31, 2025 and every year thereafter.
10099 (i) The task force is administratively attached to the department of disability and
101100 aging. All appropriate agencies of state government shall provide assistance to the task
102101 force upon request of the task force.
103102 (j) If vacancies occur on the task force for any cause, then the governor shall fill
104103 the vacancies within sixty (60) days for the duration of the unexpired term, if applicable.
105104 (k) No members of the task force shall receive compensation, nor shall members
106105 be entitled to reimbursement for actual travel and other expenses incurred in attending
107106 any meeting and in performing any duties prescribed in this section.
108107 SECTION 2. For the purpose of appointing members to the task force, this act takes
109108 effect upon becoming a law, the public welfare requiring it. For all other purposes, this act takes
110109 effect July 1, 2025, the public welfare requiring it.