In Re Conservatorship of Charles C. Rowe

The Probate and Family Court for Cumberland County (“the Trial Court”) granted the petition of Janice Peters-Rowe (“Petitioner”) for a conservatorship over her husband, Charles Rowe (“Respondent”). Respondent’s daughter from a previous marriage, Dawn Rowe (“Daughter”), filed an intervening petition. Daughter claimed that the Trial Court lacked jurisdiction, arguing that Respondent had lived his entire life in New York until recently and that Respondent had not established residency in Tennessee. The Trial Court found that it had jurisdiction over the matter; that the marriage between Petitioner and Respondent was valid, giving Petitioner priority for appointment as conservator; and that it was in Respondent’s best interest that Petitioner be appointed as his conservator. Daughter appealed. Given that Respondent did not have the mental capacity to change his domicile at the time of his arrival in Tennessee, we conclude that the Trial Court did not have subject matter jurisdiction over this matter and accordingly vacate the Trial Court’s judgment.