How do I create an advance healthcare directive in Tennessee?

Question

Accepted Answer

1. Types Recognized   Tennessee Health Care Decisions Act (T.C.A. §§ 68-11-1801 to 68-11-1815) recognizes: (a) Advance Directive for Health Care (combined living will and healthcare agent), (b) Appointment of Health Care Agent (T.C.A. § 34-6-201, the older Durable Power of Attorney for Health Care Act), (c) POST (Physician Orders for Scope of Treatment) under T.C.A. § 68-11-224, and (d) DNR.    2. Statutory Form   T.C.A. § 68-11-1803 provides a model Advance Directive for Health Care form. Substantial compliance suffices. The Tennessee Department of Health publishes the recommended form.    3. Execution Formalities   Principal must be 18+ and of sound mind. Sign before EITHER (a) TWO adult witnesses OR (b) a notary public (T.C.A. § 68-11-1803(c)). Witnesses cannot be: the agent, the healthcare provider, an employee of the healthcare provider, or an operator/employee of a healthcare institution. NOTARIZATION is a complete alternative to witnesses.    4. Healthcare Agent Authority   Under T.C.A. § 68-11-1806, the agent may make any healthcare decision the principal could make, including consent to/refusal of life-sustaining treatment and artificial nutrition/hydration, subject to limitations in the directive. Authority begins when the attending physician determines incapacity.    5. Pregnancy Clauses   T.C.A. § 68-11-224(c) (older DNR statute) and case law treat pregnancy with sensitivity; advance directive forms typically address pregnancy as a separate election the principal must make. There is no absolute statutory override, but providers commonly seek clarification.    6. Reciprocity   T.C.A. § 68-11-1812 honors advance directives validly executed in other states.    7. POST   Tennessee POST is a physician-signed order portable across care settings, used for seriously ill patients; recognized under DOH regulations and § 68-11-224.    8. Revocation   Under T.C.A. § 68-11-1805, revocable at any time, regardless of mental state, by: signed writing, oral expression of intent to revoke, physical destruction, or new directive that contradicts.    9. Default Surrogate   T.C.A. § 68-11-1806(d) provides surrogate priority for incapacitated patients without a directive: spouse (unless legally separated) > adult child (or majority of children) > parent > adult sibling > nearest other relative > close friend > court-appointed guardian.  This is legal information, not legal advice.