Special Committee on Conservatorship Practice and Procedure

This special committee was created in 2012 by TBA President Jackie Dixon to study Conservatorship Practice and Procedure in Tennessee.

West Tennessee Legal Services
PO Box 2066
Jackson, TN 38302

Judge: Guardians Not Entitled to Absolute Immunity

Davidson County Circuit Court Judge Hamilton Gayden has ruled that a Hendersonville woman placed in a conservatorship without her knowledge can sue her former public guardian for not acting in her best interests. The decision clears the way for Ginger Franklin to sue her former public guardian Jeanan Stuart, the Tennessean reports. Gayden had previously ruled that Franklin could not sue based on allegations that Stuart mishandled her financial affairs, but found this week that guardians are “not entitled to absolute judicial immunity for [their] alleged actions (or inactions)” and allowed a suit based on "best interest" grounds to proceed.

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Convicted Conservator Disbarred

John E. Clemmons was disbarred on May 5, retroactive to April 2, 2013, the date on which he was temporarily suspended. Clemmons consented to disbarment because he could not successfully defend charges filed against him with the Board of Professional Responsibility alleging that he misappropriated money from several wards for whom he had been appointed conservator, and pled guilty to four counts of theft in amounts over $60,000, aggravated perjury and TennCare fraud. View the BPR notice.

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