According to Tennessee law, an adult person or emancipated minor may execute a Living Will Declaration governing the withholding or withdrawal of life sustaining treatment
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(Tennessee Code Annotated, Title 32, Chapter 11 and Title 34, Chapter 6, Part 2)
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An adult or emancipated minor may execute may execute at any time a health care directive governing the initiation, continuation, withholding or withdrawal of life sustaining treatment.
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.
If there is something you do not understand about this Tennessee Living Will (Advance Care Plan) you should consult an attorney.
Before signing this Tennessee Living Will you need to discuss your treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want.
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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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