4 | 3 | | |
---|
5 | 4 | | SENATE BILL 233 |
---|
6 | 5 | | By Akbari |
---|
7 | 6 | | |
---|
8 | 7 | | |
---|
9 | 8 | | SB0233 |
---|
10 | 9 | | 001738 |
---|
11 | 10 | | - 1 - |
---|
12 | 11 | | |
---|
13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 4; |
---|
14 | 13 | | Title 34 and Title 71, Chapter 2, relative to |
---|
15 | 14 | | conservatorships. |
---|
16 | 15 | | |
---|
17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
---|
18 | 17 | | SECTION 1. Tennessee Code Annotated, Title 34, Chapter 3, is amended by adding |
---|
19 | 18 | | the following new section: |
---|
20 | 19 | | (a) There is created the conservatorship management task force, hereafter |
---|
21 | 20 | | referred to in this section as the "task force". |
---|
22 | 21 | | (b) The task force is composed of nine (9) members, which include: |
---|
23 | 22 | | (1) The commissioner of disability and aging or the commissioner's |
---|
24 | 23 | | designee; |
---|
25 | 24 | | (2) The commissioner of health or the commissioner's designee; |
---|
26 | 25 | | (3) The director of the administrative office of the courts or the director's |
---|
27 | 26 | | designee; |
---|
28 | 27 | | (4) The commissioner of human resources or the commissioner's |
---|
29 | 28 | | designee; |
---|
30 | 29 | | (5) The commissioner of mental health and substance abuse services or |
---|
31 | 30 | | the commissioner's designee; and |
---|
32 | 31 | | (6) The following public members, to be appointed by the governor: |
---|
33 | 32 | | (A) One (1) current member of the judiciary with experience in |
---|
34 | 33 | | probate matters; |
---|
35 | 34 | | (B) One (1) representative from the Conservatorship Association |
---|
36 | 35 | | of Tennessee; |
---|
37 | 36 | | |
---|
38 | 37 | | |
---|
39 | 38 | | - 2 - 001738 |
---|
40 | 39 | | |
---|
41 | 40 | | (C) One (1) representative from either a legal services program or |
---|
42 | 41 | | legal aid office in this state, or an attorney who contracts with either |
---|
43 | 42 | | program or office; and |
---|
44 | 43 | | (D) One (1) representative of the Tennessee Center for Decision- |
---|
45 | 44 | | Making Support. |
---|
46 | 45 | | (c) Initial appointees to the task force under subdivision (b)(6) serve staggered |
---|
47 | 46 | | terms as follows: |
---|
48 | 47 | | (1) The persons appointed under subdivisions (b)(6)(A) and (b)(6)(B) |
---|
49 | 48 | | shall serve initial terms terminating on June 30, 2027; and |
---|
50 | 49 | | (2) The persons appointed under subdivisions (b)(6)(C) and (b)(6)(D) |
---|
51 | 50 | | shall serve initial terms terminating on June 30, 2028. |
---|
52 | 51 | | (d) |
---|
53 | 52 | | (1) Following the expiration of members' initial terms as prescribed in |
---|
54 | 53 | | subsection (c), all appointments to the task force are for terms of three (3) years |
---|
55 | 54 | | and shall begin on July 1 and terminate on June 30, three (3) years thereafter. |
---|
56 | 55 | | (2) Public members shall serve until the expiration of the term to which |
---|
57 | 56 | | they were appointed and until their successors are appointed and qualified. |
---|
58 | 57 | | (3) Members are eligible for reappointment to the task force following the |
---|
59 | 58 | | expiration of their terms, but shall serve no more than two (2) consecutive three- |
---|
60 | 59 | | year terms. |
---|
61 | 60 | | (e) The purpose of the task force is to: |
---|
62 | 61 | | (1) Review the care and management provided by conservators to |
---|
63 | 62 | | determine the health, safety, and welfare of individuals under a conservatorship |
---|
64 | 63 | | and make recommendations; |
---|
65 | 64 | | |
---|
66 | 65 | | |
---|
67 | 66 | | - 3 - 001738 |
---|
68 | 67 | | |
---|
69 | 68 | | (2) Determine the amount of assets managed by conservators and |
---|
70 | 69 | | review the management of assets by conservators; |
---|
71 | 70 | | (3) Review the provision and direction of available resources to promote |
---|
72 | 71 | | effective and successful conservatorships; |
---|
73 | 72 | | (4) Review education offerings and requirements for conservators and |
---|
74 | 73 | | the public about conservatorships in this state; |
---|
75 | 74 | | (5) Determine a process to provide notification to the court when a |
---|
76 | 75 | | conservator is removed for cause; |
---|
77 | 76 | | (6) Determine the capacity to document and track information for |
---|
78 | 77 | | conservatorships in one (1) central location; |
---|
79 | 78 | | (7) Review the capacity to detect fraud and abuse of persons subject to |
---|
80 | 79 | | conservatorship by enhancing this state's ability to identify potential areas of |
---|
81 | 80 | | concern; |
---|
82 | 81 | | (8) Review the capacity of the public guardianship program and |
---|
83 | 82 | | determine the need for an independent conservator panel or professional |
---|
84 | 83 | | conservators; |
---|
85 | 84 | | (9) Review the monitoring of conservatorships and determine the |
---|
86 | 85 | | necessity for a central oversight office; and |
---|
87 | 86 | | (10) Address other issues identified in the course of the work of the task |
---|
88 | 87 | | force. |
---|
89 | 88 | | (f) A majority of the members constitutes a quorum. The governor shall appoint |
---|
90 | 89 | | a chair from the members appointed pursuant to subdivision (b)(6). |
---|
91 | 90 | | (g) The task force shall meet quarterly and may meet more often upon a call of |
---|
92 | 91 | | the chair. |
---|
93 | 92 | | |
---|
94 | 93 | | |
---|
95 | 94 | | - 4 - 001738 |
---|
96 | 95 | | |
---|
97 | 96 | | (h) The task force shall submit a report of its findings and recommendations to |
---|
98 | 97 | | the department of disability and aging and the administrative office of the courts no later |
---|
99 | 98 | | than December 31, 2025 and every year thereafter. |
---|
100 | 99 | | (i) The task force is administratively attached to the department of disability and |
---|
101 | 100 | | aging. All appropriate agencies of state government shall provide assistance to the task |
---|
102 | 101 | | force upon request of the task force. |
---|
103 | 102 | | (j) If vacancies occur on the task force for any cause, then the governor shall fill |
---|
104 | 103 | | the vacancies within sixty (60) days for the duration of the unexpired term, if applicable. |
---|
105 | 104 | | (k) No members of the task force shall receive compensation, nor shall members |
---|
106 | 105 | | be entitled to reimbursement for actual travel and other expenses incurred in attending |
---|
107 | 106 | | any meeting and in performing any duties prescribed in this section. |
---|
108 | 107 | | SECTION 2. For the purpose of appointing members to the task force, this act takes |
---|
109 | 108 | | effect upon becoming a law, the public welfare requiring it. For all other purposes, this act takes |
---|
110 | 109 | | effect July 1, 2025, the public welfare requiring it. |
---|