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An advance directive in Tennessee is a legal document that outlines an individual’s medical care preferences for future situations. It is a crucial part of advance care planning, ensuring that health care decisions align with the principal’s wishes if they cannot communicate.
This document often includes a living will, which specifies the end-of-life treatments the principal would or would not want. Additionally, it can incorporate a durable power of attorney, also referred to as a medical power of attorney, that allows the appointment of a trusted agent who will ensure the medical wishes outlined in the advance directive are followed.
Signing Requirements for the Tennessee Advance Health Care Directive
As stated under Section 68-11-1803 of Tennessee law, a health care advance directive must meet specific signing and witnessing requirements to be legally valid. These include the following:
Signing Requirements for the Tennessee
The advance directive must be in writing and signed by the principal.
The directive must be notarized or witnessed by two competent adults who cannot be appointed agents.
Additionally, at least one witness must meet additional restrictions, which include the following:
They must not be related to the principal by blood, marriage, or adoption.
They must not be entitled to any portion of the principal's estate under a will or by law at the time of signing.
The document must also include an attestation clause affirming the witness's compliance with these requirements.
Tennessee Advance Health Care Directive Revocation & Changing
Tennessee advance directive becomes effective when the principal’s designated physician determines that they lack the capacity to make decisions. The directive remains in effect until the physician determines the principal has regained capacity.
According to Section 68-11-1804, an advance directive for health care can be revoked under the following rules:
Advance Health Care Directive Revocation & Changing
The designation of an agent can be revoked only by a signed writing or by personally informing the supervising health care provider.
Other parts of the directive can be revoked at any time and in any way that clearly states the intent to revoke.
A divorce, annulment, or legal separation automatically revokes a spouse’s designation as an agent unless specified otherwise in the decree or directive.
A new advance directive revokes conflicting parts of an earlier advance directive.
Additional Legal Considerations for the Tennessee Advance Health Care Directive
Section 68-11-1806 allows an adult or emancipated minor to choose a surrogate to make health care decisions on their behalf by informing their health care provider about it, either orally or in writing. The surrogate can only make decisions if the patient lacks the capacity to do so, does not have an agent or guardian, or if the surrogate is unavailable.
According to Section 68-11-1809, an agent or surrogate has the same rights as a patient. They can:
Additional Legal Considerations
Request and receive medical or health care information
Examine and copy the patient’s medical records
Consent to the disclosure of the patient’s health information
As stated in Section 68-11-1813, a copy of a written advance directive, its revocation, or the appointment or removal of a surrogate has the same validity as the original document.
How to Choose a Health Care Agent in Tennessee
To choose a Tennessee health care proxy, select someone you trust to make medical decisions that align with your values and wishes. The agent must be at least 18 years old and cannot be your health care provider unless they are a family member.
Consider someone dependable, communicative, and familiar with your preferences. Agents cannot serve as witnesses to your advance directive form and must be willing to take on the responsibility. So, before deciding, discuss your expectations with potential agents to ensure they are comfortable with the role.
What Happens if You Don’t Have an Advance Directive in Tennessee?
If you don't have an advance directive in Tennessee, your family will typically make medical decisions on your behalf. These decisions are often based on their opinions and your doctor's recommendations rather than your specific wishes.
Without your written preferences to guide them, they may choose treatments or options you wouldn't have wanted. Because of your incapacity to communicate, you lose the ability to control these critical decisions about your health care.
For this reason, it’s better to consider creating an advance directive early, ensuring your wishes are known, and making tough decisions easier for your loved ones.