In Tennessee an adult may prepare a written statement known as a Directive to control the health care treatment decisions that can be made on that person behalf
|
Legal Document Preparation Service |
|
|
|
|
|
|
|
|
||||||||||||||||||||||||
|
Power of Attorney for Health Care designating an agent (surrogate) to make health care decisions for a principal. Legal Helpmate provides Tennessee Advance Directive for Health Care with Organ Donation Provision |
|||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||
|
|||||||||
|
|||||||||
|
According to Tennessee Law an adult or emancipated minor may execute an advance directive for health care (ADHC), also known as Advance Care Plan,
which may authorize the agent to make any health care (the initiation, continuation, withholding or withdrawal of life sustaining treatment, etc.)
decision the principal could have made while having capacity.
Legal Helpmate provides you with two options 1) The Premium Package - Tennessee Advance Health Care Directive contains the following documents:
THE ADVANCE DIRECTIVE MUST BE IN WRITING AND SIGNED BY THE PRINCIPAL. THE ADVANCE DIRECTIVE MUST EITHER BE NOTARIZED OR WITNESSED BY TWO WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES: (1) the person designated by the Principal as your agent;(2) a person related to the Principal by blood or marriage; (3) a person entitled to any part of the Principal’s estate after the Principal’s death under a will or codicil executed by the Principal or by operation of law; (4) the Principal’s attending physician; (5) an employee of the Principal’s attending physician; (6) an employee of a health care facility in which the Principal is a patient if the employee is providing direct patient care to the Principal or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or (7) a person who, at the time this power of attorney is executed, has a claim against any part of the Principal’s estate after his or her death. LIVING WILL DECLARATION Tennessee Living Will, also known as Advance Care Plan must be in writing and signed by the principal.The Living Will must either be notarized or witnessed by two (2) witnesses. The Advance Care Plan remains in effect notwithstanding the principal's last incapacity and may include individual instructions. For the purposes of this section, a witness shall be a competent adult, who is not the agent, and at least one (1) of whom is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time of execution of the Living Will or by operation of law then existing. A written Living Will shall contain an attestation clause which attests that the witnesses comply with the requirements of this subsection. A health care decision made by an agent for a principal is effective without judicial approval. An advance health care directive may include the individual's nomination of a guardian of the person. An Living Will that is executed outside of this state by a nonresident of this state at the time of execution shall be given effect in this state if that Living Will is in compliance with either the provisions of this part or the laws of the state of the principal's residence. A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in an Living Will. An advance health care directive that conflicts with an earlier Living Will revokes the earlier directive to the extent of the conflict. POWER OF ATTORNEY FOR HEALTH CARE (MEDICAL POWER OF ATTORNEY) This legal document gives your agent authority to consent, to refuse to consent, or to withdraw consent to any care, treatment, service, or procedure to maintain, diagnose or treat a physical or mental condition. This power is subject to any limitations that you include in this document. You may state in this document any types of treatment that you do not desire. In addition, a court can take away the power of your agent to make health care decisions for you if your agent: (1) authorizes anything that is illegal; or (2) acts contrary to your desires as stated in this document.Notwithstanding this power of attorney for health care, you have the right to make medical and other health care decisions for yourself so long as you can give informed consent with respect to the particular decision. In addition, no treatment may be given to you over your objection, and health care necessary to keep you alive may not be stopped or withheld if you object at the time. You have the right to revoke the authority of your agent by notifying your agent or your treating physician, hospital or other health care provider orally or in writing of the revocation. Your agent has the right to examine your medical records and to consent to their disclosure unless you limit this right in this Tennessee Durable Power of Attorney for Health Care. Your Tennessee Health Care Power of Attorney must be signed by you in the presence of two qualified witnesses, dated, and acknowledged before a Notary Public or signed by two witnesses that saw you signing Tennessee Durable Power of Attorney for Health Care. Neither the treating health care provider nor an employee of the treating health care provider, nor an operator of a health care institution nor an employee of an operator of a health care institution may be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care; and A health care provider or employee of a health care provider may not act as an attorney in fact to make health care decisions if the health care provider becomes the principal's treating health care provider. At least one (1) of your witnesses must not be related to you (the Principal) by blood, marriage or adoption; or be entitled to any portion of the estate of the principal upon the principal's death under any will or codicil existing at the time of execution of a Power of attorney. You should talk with your family, your health-care professional, your attorney, and any agent or attorney-in-fact that you appoint about your health care decision to make one or more advance directives. If they know what health care you want, they will find it easier to follow your wishes. If you cancel or change an advance health care directive in the future, remember to tell these same people about the change or cancellation. Do not sign Tennessee Power of Attorney for Health Care unless you clearly understand it. It is suggested that you keep the original of this legal document on file with your physician and family members. If there is anything about this legal form that you do not understand, you should ask a lawyer to explain it to you. |
|||||||||
| * * * | |||||||||
|
|
|||||||||
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||