34-5-106 - Petition for appointment of guardian. - Tennessee Statutes

34-5-106. Petition for appointment of guardian.

(a)  A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file a petition within thirty (30) days after mailing of notice by the veterans administration to the last known address of the person, if any, indicating the necessity for the appointment, a petition for appointment may be filed by any resident of this state.

(b)  The petition for appointment shall set forth the name, age and place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the veterans administration, and shall set forth the amount of moneys then due and the amount of probable future payments.

(c)  The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and, if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.

(d)  In the case of a mentally incompetent ward, the petition shall show that the ward has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration.

[Acts 1943, ch. 90, § 5; C. Supp. 1950, § 8558.6 (Williams, § 8544); T.C.A. (orig. ed.), § 34-906.]