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.

Chair
West Tennessee Legal Services
PO Box 2066
Jackson, TN 38302
(731)426-1316

Hospitals’ Use of Conservatorship Law Questioned

Conservatorship reform, supported by the TBA and signed into law by the governor, has been in effect for 10 months and early reports from judges indicate the law is providing improved guidelines for handling extraordinary cases. One provision, which is just now receiving media attention, is a mechanism for hospitals to use to discharge patients that no longer need the costly care of a major health facility. A report in The Tennessean questions whether the provision is working as intended. TBA Executive Director Allan Ramsaur points out that the law provides a standardized method with extra due process protections for patients, while previously, hospitals had handled such matters on an ad hoc basis.

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Former Public Guardian not Liable for Losses of Ward

Davidson County Circuit Judge Hamilton V. Gayden Jr. has thrown out part of a suit filed against a former public guardian who was removed from her post following multiple questions about her billing practices, the Tennessean reports. The ruling means that former Davidson County public guardian Jeanan Stuart is not liable for losses sustained by Ginger Franklin while Stuart was acting as Franklin’s conservator. Franklin, who lost her condo, car and all her belongings during the conservatorship, said she could not understand the decision. “Everything I owned was gone,” she said. “It just doesn’t make sense.” Gayden said in his letter to attorney Michael Hoskins that he had not yet decided whether to reject a separate claim by Franklin relating to Stuart’s placement of Franklin in a group home, where Franklin has charged she was put to work taking care of other residents.

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