State Government

Plain English Breakdown

The bill's official summary does not provide details on funding or specific responsibilities that were removed.

Creating a Conservatorship Management Task Force

This law establishes a task force to review and improve conservatorships in Tennessee.

What This Bill Does

• Creates a nine-member task force to oversee the management of conservatorships.
• Sets staggered terms for initial members, with subsequent appointments lasting three years.
• Requires the task force to submit annual reports on their findings and recommendations.
• Limits the number of consecutive terms a member can serve.
• Includes representatives from various state agencies and organizations.

Who It Names or Affects

• People under conservatorship in Tennessee
• Conservators managing assets for individuals
• State agencies involved with disability, health, courts, human services, mental health, and substance abuse

Terms To Know

conservatorship

A legal arrangement where a person is appointed to manage the financial affairs of another who cannot do so themselves.

task force

A group formed to address specific issues or problems, often with members from different organizations.

Limits and Unknowns

• The bill does not specify how the task force will be funded.
• Some responsibilities of the original task force were removed by an amendment.

Official Summary Text

This bill creates the conservatorship management task force ("task force") to be administratively attached to the department of
disability and aging and to be composed of the following nine members: (i) the commissioner of disability and aging or the commissioner's designee; (ii) the commissioner of health or the commissioner's designee; (iii) the director of the administrative of
f
ice of the courts or the director's designee; (iv) the commissioner of human resources or the commissioner's designee; (v) the commissioner of mental health and substance abuse services or the commissioner's designee; and (vi) one current member of the ju
d
iciary with experience in probate matters, to be appointed by the governor; (vii) one representative from the Conservatorship Association of Tennessee, to be appointed by the governor; (viii) one representative from either a legal services program or lega
l
aid office in this state, to be appointed by the governor, or an attorney who contracts with either program or office; and (ix) one representative of the Tennessee Center for Decision-Making Support, to be appointed by the governor.

This bill staggers t
he terms of the initial appointees. Following the expiration of the initial terms, all appointments to the task force are for terms of three years. Public members must serve until the expiration of the term to which they were appointed and until their s
u
ccessors are appointed and qualified. Members are eligible for reappointment to the task force following the expiration of their terms, but must serve no more than two consecutive three-year terms.

This bill provides that the purpose of the task force i
s to do all of the following:



Review the care and management provided by conservators to determine the health, safety, and welfare of individuals under a conservatorship and make recommendations.



Determine the amount of assets managed by conservators and review the management of assets by conservators.



Review the provision and direction of available resources to promote effective and successful conservatorships.



Review education offerings and requirements for conservators and the public about conservatorships in this state.



Determine a process to provide notification to the court when a conservator is removed for cause.



Determine the capacity to document and track information for conservatorships in one central location.



Review the capacity to detect fraud and abuse of persons subject to conservatorship by enhancing this state's ability to identify potential areas of concern.



Review the capacity of the public guardianship program and determine the need for an independent conservator panel or professional conservators.



Review the monitoring of conservatorships and determine the necessity for a central oversight office.



Address other issues identified in the course of the work of the task force.

This bill requires the governor to appoint the
chair and requires the task force to meet quarterly, although the task force may meet more often upon a call of the chair. If vacancies occur on the task force for any cause, then the governor must fill the vacancies within 60 days for the duration of t
h
e unexpired term, if applicable.

COMPENSATION

This bill clarifies that members of the task force do not receive compensation and are not entitled to reimbursement for actual travel and other expenses incurred in attending any meeting and in performing a
ny duties prescribed in this bill.

ANNUAL REPORT

This bill requires the task force to submit an annual report of its findings and recommendations to the department of disability and aging and the administrative office of the courts no later than Decembe
r 31, 2025, and every year thereafter.

ON MARCH 24, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 233, AS AMENDED.

AMENDMENT #1 makes the following revisions:



Substitutes as one of the members on the task force the commissioner of human services for the commissioner of human resources.



Substitutes as one of the public members on the task force one representative from the
Tennessee State Court Clerks Association
for a
representative from either a legal services program or legal aid office in this state or an attorney who contracts with either program or office
.



Removes the requirement that the task force (i) r
eview the care and management provided by conservators to determine the health, safety, and welfare of individuals under a conservatorship and make recommendations;
(ii) d
etermine the amount of assets managed by conservators and review the management of assets by conservators;
and (iii) d
etermine a process to provide notification to the court when a conservator is removed for cause
.



Adds that the bill does not allow for the disclosure of protected health information
,
and any participating agency or entity
must
remain bound by state and federal privacy laws that restrict the sharing of protected health information, including regulations established pursuant to the Health Insurance Portability and Accountability Act (HIPAA), without the prior approval of the individual whose health information would be disclosed.

Current Bill Text

SENATE BILL 233
By Akbari

HOUSE BILL 634
By Clemmons

HB0634
001738
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 34 and Title 71, Chapter 2, relative to
conservatorships.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 34, Chapter 3, is amended by adding
the following new section:
(a) There is created the conservatorship management task force, hereafter
referred to in this section as the "task force".
(b) The task force is composed of nine (9) members, which include:
(1) The commissioner of disability and aging or the commissioner's
designee;
(2) The commissioner of health or the commissioner's designee;
(3) The director of the administrative office of the courts or the director's
designee;
(4) The commissioner of human resources or the commissioner's
designee;
(5) The commissioner of mental health and substance abuse services or
the commissioner's designee; and
(6) The following public members, to be appointed by the governor:
(A) One (1) current member of the judiciary with experience in
probate matters;
(B) One (1) representative from the Conservatorship Association
of Tennessee;

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(C) One (1) representative from either a legal services program or
legal aid office in this state, or an attorney who contracts with either
program or office; and
(D) One (1) representative of the Tennessee Center for Decision-
Making Support.
(c) Initial appointees to the task force under subdivision (b)(6) serve staggered
terms as follows:
(1) The persons appointed under subdivisions (b)(6)(A) and (b)(6)(B)
shall serve initial terms terminating on June 30, 2027; and
(2) The persons appointed under subdivisions (b)(6)(C) and (b)(6)(D)
shall serve initial terms terminating on June 30, 2028.
(d)
(1) Following the expiration of members' initial terms as prescribed in
subsection (c), all appointments to the task force are for terms of three (3) years
and shall begin on July 1 and terminate on June 30, three (3) years thereafter.
(2) Public members shall serve until the expiration of the term to which
they were appointed and until their successors are appointed and qualified.
(3) Members are eligible for reappointment to the task force following the
expiration of their terms, but shall serve no more than two (2) consecutive three-
year terms.
(e) The purpose of the task force is to:
(1) Review the care and management provided by conservators to
determine the health, safety, and welfare of individuals under a conservatorship
and make recommendations;

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(2) Determine the amount of assets managed by conservators and
review the management of assets by conservators;
(3) Review the provision and direction of available resources to promote
effective and successful conservatorships;
(4) Review education offerings and requirements for conservators and
the public about conservatorships in this state;
(5) Determine a process to provide notification to the court when a
conservator is removed for cause;
(6) Determine the capacity to document and track information for
conservatorships in one (1) central location;
(7) Review the capacity to detect fraud and abuse of persons subject to
conservatorship by enhancing this state's ability to identify potential areas of
concern;
(8) Review the capacity of the public guardianship program and
determine the need for an independent conservator panel or professional
conservators;
(9) Review the monitoring of conservatorships and determine the
necessity for a central oversight office; and
(10) Address other issues identified in the course of the work of the task
force.
(f) A majority of the members constitutes a quorum. The governor shall appoint
a chair from the members appointed pursuant to subdivision (b)(6).
(g) The task force shall meet quarterly and may meet more often upon a call of
the chair.

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(h) The task force shall submit a report of its findings and recommendations to
the department of disability and aging and the administrative office of the courts no later
than December 31, 2025 and every year thereafter.
(i) The task force is administratively attached to the department of disability and
aging. All appropriate agencies of state government shall provide assistance to the task
force upon request of the task force.
(j) If vacancies occur on the task force for any cause, then the governor shall fill
the vacancies within sixty (60) days for the duration of the unexpired term, if applicable.
(k) No members of the task force shall receive compensation, nor shall members
be entitled to reimbursement for actual travel and other expenses incurred in attending
any meeting and in performing any duties prescribed in this section.
SECTION 2. For the purpose of appointing members to the task force, this act takes
effect upon becoming a law, the public welfare requiring it. For all other purposes, this act takes
effect July 1, 2025, the public welfare requiring it.