# Tenn. Code Ann. § 34-5-108: Evidence of necessity for guardian for incompetent

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-108

## Section

- **Citation:** Tenn. Code Ann. § 34-5-108
- **Heading:** Evidence of necessity for guardian for incompetent
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 34 / Chapter 5 / Section 34-5-108

## Text

Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator, or the administrator's duly authorized representative, that the person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due the ward by the veterans administration, shall be prima facie evidence of the necessity for the appointment. Acts 1943, ch. 90, § 7; C. Supp. 1950, § 8558.8 (Williams, §8546); T.C.A. (orig. ed.), § 34-908.
Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator, or the administrator's duly authorized representative, that the person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due the ward by the veterans administration, shall be prima facie evidence of the necessity for the appointment.
Acts 1943, ch. 90, § 7; C. Supp. 1950, § 8558.8 (Williams, §8546); T.C.A. (orig. ed.), § 34-908.

## Nearby sections

- [Tenn. Code Ann. § 34-5-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-101.md)
- [Tenn. Code Ann. § 34-5-102 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-102.md)
- [Tenn. Code Ann. § 34-5-103 Administrator as party in interest](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-103.md)
- [Tenn. Code Ann. § 34-5-104 Appointment of guardian when necessary prior to payment of benefits](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-104.md)
- [Tenn. Code Ann. § 34-5-105 Limitation on number of wards](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-105.md)
- [Tenn. Code Ann. § 34-5-106 Petition for appointment of guardian](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-106.md)
- [Tenn. Code Ann. § 34-5-107 Evidence of necessity for guardian of minor](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-107.md)
- [Tenn. Code Ann. § 34-5-108 Evidence of necessity for guardian for incompetent](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-108.md)
- [Tenn. Code Ann. § 34-5-109 Notice of petition for appointment](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-109.md)
- [Tenn. Code Ann. § 34-5-110 Bond of guardian](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-110.md)
- [Tenn. Code Ann. § 34-5-111 Accounts - Certificate of examination of securities or investments - Copies sent to veterans administration office - Notice of hearing - Property derived from other sources](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-111.md)
- [Tenn. Code Ann. § 34-5-112 Failure to account or furnish copies - Penalty](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-112.md)
- [Tenn. Code Ann. § 34-5-113 Compensation of guardians](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-113.md)
- [Tenn. Code Ann. § 34-5-114 Investment of funds](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C5_S34-5-108. Check the current official text before relying on it. Not legal advice.