What is a Tennessee advance directive?

A written instruction about health care, signed by the declarant and either notarized or witnessed by two qualifying witnesses with an attestation clause, naming an agent and stating treatment preferences; it takes effect on a determination of incapacity unless it says otherwise (Tenn. Code Ann. § 68-11-1803).

Does Tennessee still have a living will?

The Tennessee Right to Natural Death Act's declaration remains, in the statute's form (Tenn. Code Ann. § 32-11-105); the advance directive for health care is the modern combined instrument (Tenn. Code Ann. § 68-11-1803).

Who decides health care when there is no directive?

An attorney in fact under a durable power of attorney for health care has priority (Tenn. Code Ann. § 34-6-204); without one, the surrogate rules of the Tennessee Health Care Decisions Act apply, a question for the facility and a licensed Tennessee attorney of your choosing.

Tennessee Powers of Attorney & Advance Directives

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What advance directives are

Advance directives are documents you sign while you have capacity that let trusted people make decisions for you — financial and medical — if illness or injury later prevents you from deciding yourself. Without them, your family may have to ask a Tennessee court to appoint a conservator, which takes time and expense.

The core Tennessee documents

Power of attorney for finances

Authorizes an agent to handle your finances and property; Tennessee's durable power of attorney statute is in Title 34, Chapter 6 of the Code, outside the Tennessee statute library. The trust instrument and the power of attorney together decide what an agent may do with the trust — so who you name, and what you grant, matters.

Your advance directive for health care (Tenn. Code Ann. § 68-11-1803)

A written advance directive, signed and either notarized or witnessed by two qualifying witnesses, names an agent to make health care decisions for you and states your instructions; it takes effect on a determination of incapacity unless it provides otherwise (Tenn. Code Ann. § 68-11-1803). An attorney in fact under a durable power of attorney for health care has priority (Tenn. Code Ann. § 34-6-204).

Your living will (Tenn. Code Ann. § 32-11-105)

The living will's statutory declaration states your wishes about life-prolonging procedures in a terminal condition (Tenn. Code Ann. § 32-11-105); the advance directive of Tenn. Code Ann. § 68-11-1803 can carry an individual instruction as well.

Guardian nomination & HIPAA authorization

If a conservatorship ever becomes necessary, a Tennessee court hears it; an advance directive names who decides your health care, and a HIPAA authorization lets named people receive your medical information. Often added to round out the set.

Why you need these even with a Trust

A revocable living Trust handles the assets inside it, but it does not make medical decisions, and it doesn't cover assets you never transferred in. Advance directives fill those gaps — and together with a will and a Trust, they keep decisions in the hands of people you chose, not a court.

Putting the set together in Tennessee

Which directives you need, and how they're worded, depends on your situation, your family, and your wishes. This page is general information, not legal advice. A free role check can show you where you stand, and a Tennessee attorney can prepare directives that fit you.

General information about Tennessee law, not legal advice.

Frequently asked questions

What is a Tennessee advance directive?: A written instruction about health care, signed by the declarant and either notarized or witnessed by two qualifying witnesses with an attestation clause, naming an agent and stating treatment preferences; it takes effect on a determination of incapacity unless it says otherwise (Tenn. Code Ann. § 68-11-1803).
Does Tennessee still have a living will?: The Tennessee Right to Natural Death Act's declaration remains, in the statute's form (Tenn. Code Ann. § 32-11-105); the advance directive for health care is the modern combined instrument (Tenn. Code Ann. § 68-11-1803).
Who decides health care when there is no directive?: An attorney in fact under a durable power of attorney for health care has priority (Tenn. Code Ann. § 34-6-204); without one, the surrogate rules of the Tennessee Health Care Decisions Act apply, a question for the facility and a licensed Tennessee attorney of your choosing.
Do I still need a power of attorney if I have a revocable trust in Tennessee?: Usually yes. A trust governs only the property transferred into it and makes no medical decisions; a durable power of attorney covers finances outside the trust, and an advance directive for health care names an agent for medical decisions (Tenn. Code Ann. § 68-11-1803). An attorney in fact under a durable power of attorney for health care who is available and willing has priority over any other person to make the principal's health care decisions (Tenn. Code Ann. § 34-6-204(a)). Most plans use all of them. General information, not legal advice.

General information about Tennessee law, not legal advice.