Any adult may execute a power of attorney for a disabled principal enabling the attorney in fact named in the power of attorney to make decisions concerning principal health care
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Tennessee Code Annotated, 34-6-205
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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 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.
None of the following may be used as a witness for your Advance Health Care directive:
- A health care provider;
- An employee of a health care provider;
- The person named as attorney in fact;
- The operator of a health care institution; or
- An employee of a health care institution
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.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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