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The Tennessee Advance Directive provides a legally enforceable arrangement for an individual to denote their preferences for future health treatment. The form is a common measure to put in place as a precaution should an unforeseen event occur, rendering one to enter an incapacitated state. Also recorded in the agreement is a section to nominate an attorney-in-fact to be issued as an authority to make health care decisions for the principal party. Consideration for an individual’s wishes can be indicated concerning the following possible quality of life conditions or treatments:

CPR
Tube-Feeding
Dialysis
Life-Support
Comatose Condition
End-of-Life Care
Hospice Care
Organ Donation

Finalizing the contract will require all endorsements to be performed in the presence of a notary public of two (2) witnessed approved by the Tennessee Code Annotated § 68-11-1803(b) that states each witness cannot be:

“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.”

Laws

Statute – Tennessee Health Care Decisions Act ( § 68-11-1801 – § 68-11-1815)

Definitions – “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 (§ 68-11-1802 ).

Signing Requirements – State regulation stipulates that a notary must be present to verify the signing of the document or two (2) viable witnesses (§ 68-11-1803(b)).

Revocation – (§ 68-11-1804 )