20-12-128 - Guardian's oath Protection from liability. - Tennessee Statutes

20-12-128. Guardian's oath Protection from liability.

(a)  The next friend or any person who has been appointed by any court guardian or guardian ad litem of any idiot, lunatic, person of unsound mind or infant, may commence and prosecute an action, suit or cross suit or appeal without giving bond or security for costs, by taking and subscribing an oath that the next friend, guardian or guardian ad litem has no property of the idiot, lunatic, person of unsound mind or infant, out of which to bear the expense of such action, and that the next friend, guardian or guardian ad litem verily believes that such idiot, lunatic, person of unsound mind or infant is justly entitled to the redress sought. The next friend or person may also file an accompanying affidavit of indigency as prescribed by court rule. The filing of such a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the responsibility for the costs and taxes, but merely suspends their collection until taxed by the court.

(b)  The guardian or guardian ad litem shall not incur any personal liability for such action, unless the court finds that the step was not taken in good faith.

[Acts 1871, ch. 111, § 1; 1907, ch. 25, § 1; Shan., § 4929; Acts 1929, ch. 19, § 1; mod. Code 1932, § 9081; T.C.A. (orig. ed.), § 20-1630; Acts 1995, ch. 242, § 2.]