HOUSE BILL 634
By Clemmons
SENATE BILL 233
By Akbari
SB0233
001738
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AN ACT to amend Tennessee Code Annotated, Title 4;
Title 34 and Title 71, Chapter 2, relative to
conservatorships.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 34, Chapter 3, is amended by adding
the following new section:
(a) There is created the conservatorship management task force, hereafter
referred to in this section as the "task force".
(b) The task force is composed of nine (9) members, which include:
(1) The commissioner of disability and aging or the commissioner's
designee;
(2) The commissioner of health or the commissioner's designee;
(3) The director of the administrative office of the courts or the director's
designee;
(4) The commissioner of human resources or the commissioner's
designee;
(5) The commissioner of mental health and substance abuse services or
the commissioner's designee; and
(6) The following public members, to be appointed by the governor:
(A) One (1) current member of the judiciary with experience in
probate matters;
(B) One (1) representative from the Conservatorship Association
of Tennessee;
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(C) One (1) representative from either a legal services program or
legal aid office in this state, or an attorney who contracts with either
program or office; and
(D) One (1) representative of the Tennessee Center for Decision-
Making Support.
(c) Initial appointees to the task force under subdivision (b)(6) serve staggered
terms as follows:
(1) The persons appointed under subdivisions (b)(6)(A) and (b)(6)(B)
shall serve initial terms terminating on June 30, 2027; and
(2) The persons appointed under subdivisions (b)(6)(C) and (b)(6)(D)
shall serve initial terms terminating on June 30, 2028.
(d)
(1) Following the expiration of members' initial terms as prescribed in
subsection (c), all appointments to the task force are for terms of three (3) years
and shall begin on July 1 and terminate on June 30, three (3) years thereafter.
(2) Public members shall serve until the expiration of the term to which
they were appointed and until their successors are appointed and qualified.
(3) Members are eligible for reappointment to the task force following the
expiration of their terms, but shall serve no more than two (2) consecutive three-
year terms.
(e) The purpose of the task force is to:
(1) Review the care and management provided by conservators to
determine the health, safety, and welfare of individuals under a conservatorship
and make recommendations;
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(2) Determine the amount of assets managed by conservators and
review the management of assets by conservators;
(3) Review the provision and direction of available resources to promote
effective and successful conservatorships;
(4) Review education offerings and requirements for conservators and
the public about conservatorships in this state;
(5) Determine a process to provide notification to the court when a
conservator is removed for cause;
(6) Determine the capacity to document and track information for
conservatorships in one (1) central location;
(7) Review the capacity to detect fraud and abuse of persons subject to
conservatorship by enhancing this state's ability to identify potential areas of
concern;
(8) Review the capacity of the public guardianship program and
determine the need for an independent conservator panel or professional
conservators;
(9) Review the monitoring of conservatorships and determine the
necessity for a central oversight office; and
(10) Address other issues identified in the course of the work of the task
force.
(f) A majority of the members constitutes a quorum. The governor shall appoint
a chair from the members appointed pursuant to subdivision (b)(6).
(g) The task force shall meet quarterly and may meet more often upon a call of
the chair.
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(h) The task force shall submit a report of its findings and recommendations to
the department of disability and aging and the administrative office of the courts no later
than December 31, 2025 and every year thereafter.
(i) The task force is administratively attached to the department of disability and
aging. All appropriate agencies of state government shall provide assistance to the task
force upon request of the task force.
(j) If vacancies occur on the task force for any cause, then the governor shall fill
the vacancies within sixty (60) days for the duration of the unexpired term, if applicable.
(k) No members of the task force shall receive compensation, nor shall members
be entitled to reimbursement for actual travel and other expenses incurred in attending
any meeting and in performing any duties prescribed in this section.
SECTION 2. For the purpose of appointing members to the task force, this act takes
effect upon becoming a law, the public welfare requiring it. For all other purposes, this act takes
effect July 1, 2025, the public welfare requiring it.