2010 Tennessee Code
Title 34 - Guardianship
Chapter 3 - Conservatorship Generally
34-3-105 - Examination, physical, psychological or otherwise, of respondent.
34-3-105. Examination, physical, psychological or otherwise, of respondent.
(a) If the respondent has been examined by a physician or, where appropriate, a psychologist not more than ninety (90) days prior to the filing of the petition and the examination is pertinent, the report of the examination shall be submitted with the petition. If the respondent has not been examined within ninety (90) days of the filing of the petition, cannot get out to be examined or refuses to be voluntarily examined, the court shall order the respondent to submit to examination by a physician or, where appropriate, a psychologist identified in the petition as the respondent's physician or psychologist or, if the respondent has no physician or psychologist, a physician or psychologist selected by the court. The physician or psychologist, on completing the examination, shall send a sworn written report to the court with copies to the petitioner and the guardian ad litem. The physician's or psychologist's report shall be made a part of the court record.
(b) On motion by the petitioner, the respondent, the adversary counsel, the guardian ad litem, or on its own initiative, the court may order the respondent to submit to examination by such physicians and psychologists or other specialists who have expertise in the specific disability of the respondent. The examiner shall send a sworn written report to the court with copies to the petitioner, the guardian ad litem and the person requesting the second examination. The court may assess the cost of the second examination against the property of the disabled person or against the person requesting the examination.
(c) Each physician's or psychologist's sworn report shall contain the following:
(1) The respondent's medical history;
(2) A description of the nature and type of the respondent's disability;
(3) An opinion as to whether a conservator is needed and the type and scope of the conservator with specific statement of the reasons for the recommendation of conservatorship; and
(4) Any other matters as the court deems necessary or advisable.
[Acts 1992, ch. 794, § 45; T.C.A. § 34-13-105.]
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