# Tenn. Code Ann. § 34-6-104: Effect of appointment of conservator, guardian or other fiduciary - Nomination by principal

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-104

## Section

- **Citation:** Tenn. Code Ann. § 34-6-104
- **Heading:** Effect of appointment of conservator, guardian or other fiduciary - Nomination by principal
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 34 / Chapter 6 / Section 34-6-104

## Text

(a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate or other fiduciary charged with the management of all of the principal's property or all of the principal's property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated. (b) A principal may nominate, by a durable power of attorney, the conservator, guardian of the estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification. Acts 1983, ch. 299, § 4; T.C.A., § 34-13-104.
(a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate or other fiduciary charged with the management of all of the principal's property or all of the principal's property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated.
(b) A principal may nominate, by a durable power of attorney, the conservator, guardian of the estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.
Acts 1983, ch. 299, § 4; T.C.A., § 34-13-104.

## Nearby sections

- [Tenn. Code Ann. § 34-6-101 Short title - Construction of part](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-101.md)
- [Tenn. Code Ann. § 34-6-102 "Durable power of attorney" defined](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-102.md)
- [Tenn. Code Ann. § 34-6-103 Effect of acts done by attorney](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-103.md)
- [Tenn. Code Ann. § 34-6-104 Effect of appointment of conservator, guardian or other fiduciary - Nomination by principal](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-104.md)
- [Tenn. Code Ann. § 34-6-105 Effect of death, disability or incapacity of principal](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-105.md)
- [Tenn. Code Ann. § 34-6-106 Bond](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-106.md)
- [Tenn. Code Ann. § 34-6-107 Fiduciary relationship of attorney in fact with the principal](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-107.md)
- [Tenn. Code Ann. § 34-6-108 Incorporation of statutory attorney in fact - Powers by reference](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-108.md)
- [Tenn. Code Ann. § 34-6-109 Attorney in fact - Powers](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-109.md)
- [Tenn. Code Ann. § 34-6-110 Gifts under power of attorney](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-110.md)
- [Tenn. Code Ann. § 34-6-111 Access to medical information by personal representative for limited purpose of determining disability or incapacity when effective date of power of attorney deferred](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-111.md)
- [Tenn. Code Ann. § 34-6-112 Access to electronic communications](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-112.md)
- [Tenn. Code Ann. § 34-6-201 Part definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-201.md)
- [Tenn. Code Ann. § 34-6-202 Applicability of part](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-202.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-104. Check the current official text before relying on it. Not legal advice.