A Tennessee (TN) durable power of attorney for health care, also called a medical power of attorney (MPOA), lets you choose someone you trust to make medical decisions on your behalf if you’re unable to communicate due to illness. The person you choose is called your agent or attorney-in-fact.
In Tennessee, a medical power of attorney can also be referred to as a:
- Tennessee Durable Medical Power of Attorney
- Tennessee Health Care POA
Laws: Tennessee Code Title 34, Chapter 6, Part 2 governs the creation of medical powers of attorney in Tennessee.
In addition to your MPOA, consider adding the following documents to your end-of-life care plan:
- Living Will: A living will tells your medical professionals what your end-of-life wishes are, and what kind of care you wish to have if you lose the ability to express your wishes.
- Tennessee (Financial) Power of Attorney: A financial power of attorney gives an agent of your choice permission to manage your financial affairs, such as buying and selling real estate, or managing your bank accounts.
How to Fill in a Medical Power of Attorney in Tennessee
Use these guidelines to make sure your medical power of attorney adheres to TN Code § 34-6-2.
Step 1: Choose an Agent
Your agent, also called your attorney-in-fact, is responsible for carrying out your medical decisions if you can’t communicate your wishes.
Who should you choose as an agent?
Your agent should be a trustworthy person who’s mature enough to make medical decisions on your behalf. It’s also important to choose someone who understands your beliefs and values.
Who can’t be your agent?
You can’t name the following people as your healthcare agent in Tennessee:
- Your healthcare provider
- Any employee of your healthcare provider (unless they’re related to you by blood, marriage, or adoption)
- Your conservator (unless you get authorization from an attorney stating they’ve advised you about this decision)
Relevant law: TN Code § 34-6-203
Can you have more than one agent?
Yes, you can have an alternate agent in the event that your first choice cannot make health care decisions on your behalf.
Relevant Law: TN Code § 34-6-204
Step 2: Specify what healthcare decisions your agent can make
In this section, you can decide how much power you want to give your agent when it comes to your medical records, treatment, and some post-death decisions.
Can you limit your agent’s powers?
Yes, you can choose which powers your agent has over your health care by including instructions in your medical power of attorney document.
If you choose not to limit your agent’s power, they’ll be authorized to make any decision you would normally make about your medical care such as:
- Authorizing an autopsy or organ donation
- Accessing your medical records
- Deciding which medicines you take
You can use your MPOA document to specify that you don’t want your agent to make a certain decision on your behalf, and you can also leave instructions about treatments you would or wouldn’t want to receive.
Relevant Law: TN Code § 34-6-204
What is your agent legally unable to do?
Your agent can’t make any decision that goes against your wishes or is illegal. It’s important to be specific about what treatments you don’t want to receive (or any other ways you want to limit your agent’s powers) since this is the main restriction on their powers.
Relevant Law: TN Code § 34-6-204 and TN Code § 34-6-205
When can your agent start making decisions for you?
You can make your own decisions as long as you are capable of clearly expressing your wishes. When your doctor decides that you can no longer make decisions on your own, your agent will start making decisions for you.
Relevant Law: TN Code § 34-6-204
Step 3: Sign the form
To be legally binding in Tennessee, your medical power of attorney must include the date of execution and be signed according to the following requirements:
Do you need witness or notary signatures?
Your Tennessee MPOA must be either notarized or witnessed by two competent adults to be legally binding.
Relevant Law: TN Code § 34-6-203
Who can’t be a witness?
You can’t use your agent or alternate agent as a witness. Additionally, at least one of your witnesses can’t be:
- Someone related to you by marriage, blood, or adoption
- Someone who will inherit from you after your death
Relevant Law: TN Code § 34-6-203
How long is your Tennessee Durable Power of Attorney for Health Care effective?
Your Tennessee Durable Power of Attorney for Health Care is valid indefinitely until you revoke it.
How to Revoke a Tennessee Durable Power of Attorney for Health Care
As long as you are competent, you can revoke your Tennessee Medical Power of Attorney through any of the following methods:
- Creating a written revocation of power of attorney form
- Notifying your doctor verbally or in writing that you are revoking your agent’s power
- Notifying your agent(s) verbally or in writing that you are revoking your MPOA
- Creating a new medical power of attorney form with different terms
Additionally, if your spouse is your agent, annulling your marriage or getting divorced will automatically revoke your MPOA.
Relevant Law: TN Code §34-6-207