What is a living will and healthcare power of attorney in Tennessee?

Given a choice, most people prefer to make their own health care decisions. Consulting with your doctor and close family members is critical to making important decisions. But what if you are not mentally or physically able to make a decision for yourself? Unless you have the proper documents in place, your healthcare decisions will be made by someone—even someone you do not know and who does not know your desires.

The Purpose of a Living Will and Health Care Power of Attorney

A living will is a legal document that tells your doctor and other healthcare providers what type of treatment you do or do not want should you become incapacitated due to an illness or injury. A living will is primarily designed to instruct a doctor about what type of life saving measures, if any, you want toward the end of your life, such as mechanical breathing devices, heart resuscitation, and feeding tubes.

A power of attorney for health care is a document that appoints a trusted family member or friend to help oversee your care and to make sure your directives are followed when you cannot make decisions yourself.

In Tennessee, these two forms are often combined and referred to as an Advanced Directive.

If you do not have a living will or health care power of attorney and you become incapacitated, health care decisions are commonly made by a family member. This can be problematic, especially when the family member is estranged or does not know your true desires. Even for close family members, making decisions without a living will may cause them to feel guilty, uncomfortable, and confused.

Who Can Be Appointed to Make Decisions

Whoever you choose as a representative should be dependable, trustworthy, and calm under pressure. Ideally the person should live nearby or be able to travel to be near the injured person. The following individuals cannot be named:

Treating health care providers.
Employees of treating providers, unless you are related.
An operator of a health care institution.
Employees of an operator of a health care institution, unless related.
Free Forms Available for Tennessee Residents

The State of Tennessee offers free downloadable forms on its website.