Tennessee · Snapshot open-us-law v2026.08, retrieved 2026-09-17

Tenn. Code Ann. § 33-6-1002: "Incapable of making mental health treatment decisions" defined

IF AND ONLY IF (1) (A) a court determines in a proceeding to appoint a conservator under title 34, chapters 1 and 3, that a person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, OR (B) (i) (a) two (2) physicians examine a person, OR (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND (ii) the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, THEN (2) the person is incapable of making mental health treatment decisions for purposes of this part. Acts 2000, ch. 947, § 1; 2002, ch. 730, § 49.
IF AND ONLY IF
(1) (A) a court determines in a proceeding to appoint a conservator under title 34, chapters 1 and 3, that a person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, OR (B) (i) (a) two (2) physicians examine a person, OR (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND (ii) the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, THEN
(A) a court determines in a proceeding to appoint a conservator under title 34, chapters 1 and 3, that a person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, OR
(B) (i) (a) two (2) physicians examine a person, OR (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND (ii) the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, THEN
(i) (a) two (2) physicians examine a person, OR (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND
(a) two (2) physicians examine a person, OR
(b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND
(ii) the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, THEN
THEN
(2) the person is incapable of making mental health treatment decisions for purposes of this part.

Where this section sits in the code

TN Code
Title 33
Chapter 6

IF AND ONLY IF

(1) (A) a court determines in a proceeding to appoint a conservator under title 34, chapters 1 and 3, that a person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, OR (B) (i) (a) two (2) physicians examine a person, OR (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND (ii) the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, THEN

(A) a court determines in a proceeding to appoint a conservator under title 34, chapters 1 and 3, that a person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, OR

(B) (i) (a) two (2) physicians examine a person, OR (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND (ii) the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, THEN

(i) (a) two (2) physicians examine a person, OR (b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND

(a) two (2) physicians examine a person, OR

(b) a physician with expertise in psychiatry by training, education, or experience and a psychologist designated as a health service provider examine a person, AND

(ii) the examiners determine that the person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and benefits, and the available alternative procedures due to a diagnosed mental illness, THEN

THEN

(2) the person is incapable of making mental health treatment decisions for purposes of this part.

Collected 2026-09-17T21:51:56Z. Source file · JSON

Compilation CC BY 4.0, Open US Law (Vaquill AI). GroundRules uses only the releases published under CC BY 4.0: from v2026.09 the compilation is licensed CC BY-NC 4.0, and GroundRules does not use those releases. Each affected row names its release in its vintage label. GroundRules parsed and filtered the compilation to retain enacted text. Source · License

Tennessee electronic product files were republished by Public.Resource.Org under a public-domain mark. GroundRules uses enacted text from Release 76 only as a labeled supplement to the newer Open US Law rows. Source

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