Tennessee law allows any adult may execute a document: revocable living will, power of attorney for health care directing that life-sustaining procedures be withheld or withdrawn
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Tennessee Advance Health Care Directive. It is not mandatory that you have health care directive, however it is highly recommended. Without advance directive you can not communicate your wishes to the doctor |
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Tennessee Law allows for both a Durable power of attorney for health care and a Living Will, also known as Advance Care Plan (Tennessee Code Annotated, Title 32, Chapter 11 and Title 34, Chapter 6, Part 2).
According to Tennessee Law an adult or emancipated minor may execute an advance directive for health care, which may authorize the agent to make any health care decision the principal could have made while having capacity. The advance directive must be in writing and signed by the principal. The advance directive must either be notarized or witnessed by two (2) witnesses. An advance directive 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 advance directive or by operation of law then existing. A written advance directive shall contain an attestation clause which attests that the witnesses comply with the requirements of this subsection. Below you will find important definitions that might help you better understand your Advance Health Care Directive. All definitions are made in accordance with Tennessee Health Care Decisions Act. "Advance directive" means an individual instruction or a written statement relating to the subsequent provision of health care for the individual, including, but not limited to, a living will or a durable power of attorney for health care. "Agent" means an individual designated in an advance directive for health care to make a health care decision for the individual granting the power. "Capacity" means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health care decision. "Designated physician" means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes such responsibility. "Guardian" means a judicially appointed guardian or conservator having authority to make a health care decision for an individual. "Health care" means any care, treatment, service or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition, and includes medical care as defined in 32-11-103(5). "Health care decision" means consent, refusal of consent or withdrawal of consent to health care. "Health care institution" means a health care institution as defined in 68-11-1602 Tennessee Code Annotated. "Health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business of practice of a profession. "Individual instruction" means an individual's direction concerning a health care decision for the individual. "Personally informing" means a communication by any effective means from the patient directly to a health care provider. "Physician" means an individual authorized to practice medicine or osteopathy under Tennessee Code Annotated, Title 63, Chapters 6 or 9. "Power of attorney for health care" means the designation of an agent to make health care decisions for the individual granting the power. "Reasonably available" means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health care needs. Such availability shall include, but not be limited to, availability by telephone. "Supervising health care provider" means the designated physician or, if there is no designated physician or the designated physician is not reasonably available, the health care provider who has undertaken primary responsibility for an individual's health care. "Surrogate" means an individual, other than a patient's agent or guardian, authorized under this part to make a health care decision for the patient. "Treating health care provider" means a health care provider who at the time is directly or indirectly involved in providing health care to the patient. The terms "principal", "individual", and "patient" may be used interchangeably in this part unless the context requires otherwise. 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 advance directive 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 advance directive 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 advance directive. An advance health care directive that conflicts with an earlier advance directive revokes the earlier directive to the extent of the conflict. An attorney in fact, as well as a surrogate (an agent), shall make a health care decision in accordance with the patient's individual instructions, if any, and other wishes to the extent known to the agent. Otherwise, the surrogate shall make the decision in accordance with the surrogate's determination of the patient's best interest. In determining the patient's best interest, the agent shall consider the patient's personal values to the extent known to the agent. Tennessee Health Care Power of Attorney: This document gives the person you designate as your agent (your attorney in fact) the power to make health care decisions for you. Your agent must act consistently with your desires as stated in this power of attorney for health care. Except as you otherwise specify in Tennessee power of attorney for health care, this document gives your agent the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive.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. Tennessee power of attorney for health care 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 Tennessee power of attorney for health care 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. Unless you otherwise specify in Tennessee power of attorney for health care, this document gives your agent the power after you die to: (1) authorize an autopsy; (2) donate your body or parts thereof for transplant or therapeutic or educational or scientific purposes; (3) direct the disposition of your remains. An attorney in fact under a durable power of attorney for health care may not make health care decisions unless all of the following requirements are satisfied: (A) The durable power of attorney for health care specifically authorizes the attorney in the fact to make health care decisions; (B) The durable power of attorney for health care contains the date of its execution; and (C) The durable power of attorney for health care is executed by the following method: the durable power of attorney for health care is signed and acknowledged before a notary public by the principal and is signed by at least two (2) witnesses who witnessed the signing of the instrument by the principal, with each witness making the following declaration in substance: "I declare under penalty of perjury under the laws of Tennessee that the person who signed this document is personally known to me to be the principal; that the principal signed this durable power of attorney in my presence; that the principal appears to be of sound mind and under no duress, fraud or undue influence; that I am not the person appointed as attorney in fact by this document; that I am not a health care provider, an employee of a health care provider, the operator of a health care institution nor an employee of an operator of a health care institution; that I am not related to the principal by blood, marriage, or adoption; that, to the best of my knowledge, I do not, at the present time, have a claim against any portion of the estate of the principal upon the principal's death; and that, to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will or codicil thereto now existing, or by operation of law. 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. None of the following may be used as a witness for your Advance Health Care directive: (1) A health care provider; (2) An employee of a health care provider; (3) The person named as attorney in fact; (4) The operator of a health care institution; or (5) An employee of a health care institution At least one (1) of the persons used as a witness shall be a person who is not one (1) of the following:
(1) The employee so designated is a relative of the principal by blood, marriage or adoption; and (2) The other requirements of this part are satisfied. After you sign your Advance Health care directive please do not forget to:
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