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1988 Tennessee Attorney General Reports and Opinions 1 (1988)

handle is hein.sag/sagtn0071 and id is 1 raw text is: M[NIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 January 1988 88-18 AGE: Public Guardianship for the Elderly: Tennessee Commission on Aging: A bond insures the government and the public against losses occasioned by the official's misconduct in the performance of his or her duties but does not immunize the official from or even insure him or her against personal liability. However, district public guardians have common law official immunity against liability for discretionary actions and decisions, where the guardian acts without malice or corruption and acts within the scope of his or her authority. In addition, the Governmental Tort Liability Act provides further protection from liability for the negligent performance of some minister functions, places limits on amount of damages recoverable, and authorizes a governmental entity to insure or indemnify an employee against personal liability. T.C.A. SS 8-42-101, 9-8-307, 13-14-101, et seq., 13-26-101, et seq., 29-20-101, et seg., -102, -205, -310, -403, 34-3-401, et seq., 34-7-101, et seq., -103, -104, -105; Ch. 405, 1987 Tenn. Pub. Acts. 88-03 ATTORNEYS: Statute that applies, when the court is involved, to all medical malpractice claims in which claimant has contingency fee arrangement with his or her attorney, survived the abolition of the Medical Malpractice Review Board and is constitutional. Tenn. Const. Art I, S 17, Art II, SS 1, 2; T.C.A. SS 4-29-203, 29-26-101, -102, -103, -104, -105, -106, -107, -108, -109, -110, -111, -112, -113, -114, -120, -121. 88-07 ATTORNEYS: An attorney-in-fact is not exempt from Tennessee Real Estate Broker License Act when performing managerial functions and acting pursuant to a duly executed and recorded power of attorney from the owner or lessor; his discretion would be limited to ministerial acts with little discretion as to the acts that should be done, in accordance with Brown v. VanPelt, 263 S.W. 2d 956, 958 (Tenn. Ct. App. 1953). T.C.A. SS 62-13-102, -103, -104, -301.