A Secret to a Perfectly Composed Medical Power of Attorney in TN
If you suffer an accident or get sick and become unable to make your own health care choices, someone will have to decide on your behalf. You can legally designate a person to do it by creating a medical power of attorney, in some states also known as a health care proxy.
All states have specific requirements your document must meet to be valid. This article focuses on the basics of a medical power of attorney in Tennessee by answering the following questions:
- What is the Tennessee medical power of attorney?
- How to choose witnesses for a medical proxy in Tennessee?
- What elements should the document include?
In Tennessee, a medical power of attorney is called a durable power of attorney for health care or an appointment of a health care agent. It represents a legally binding document that allows you to pick a person who can make medical care decisions based on your wishes and preferences. Such a form becomes effective if you:
- Are terminally ill
- Become permanently unconscious
- Suffer from an illness that prevents you from thinking or speaking clearly or recognizing your loved ones
Your health care agent can make choices related to any aspect of your future health care unless you impose specific limitations to their power. They can be your family member, friend, partner, adult child, or any other person mature enough to bear this responsibility, excluding:
- Your conservator
- Your health care provider
- People working for your health care provider
A Tennessee durable power of attorney isn’t the same as a financial power of attorney or a living will. These are different types of health care directives, but you can combine them according to your wishes.
Section 34.6 of the Tennessee Statute mandates that a durable health care power of attorney:
- Is in writing
- States the date of execution
- Is signed by the principal—a person transferring their health care powers to the health care agent
You must have two witnesses sign the document or have your signature attested by a notary public.
Not everyone can witness your durable health care power of attorney. The table below helps you determine who to choose for this assignment:
|None of Your Witnesses Should Be||At Least One of Your Witnesses Shouldn’t Be|
Here are the sections every comprehensive power of attorney for health care in Tennessee should contain:
- The general statement confirming that you are appointing a particular person as your health care agent
- Legal name, address, and contact details of
- Designated health care agent
- Alternate agent, who will decide on your behalf if a primary agent can’t or doesn’t want to do it
- Signatures of both primary and alternate agents
- Signatures of both witnesses
- Effective date
- Notary’s statement and signature (if you choose a notary instead of witnesses)
- High fees attorneys charge for creating a living will or a health care proxy
- Suspicious online templates
Here’s what you should do:
- Open DoNotPay and look for Advance Health Care Directive
- Name your primary/alternate agent and witnesses
- Give us more info about your medical care wishes
Once we create a personalized document for you, DoNotPay can also help you have it notarized online!
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