Advance Directives: Protect Your Wishes in Tennessee
Understand Tennessee advance directives, including living wills and health care agents, how they work, what to include, and how to make them valid so your medical wishes are respected.
What Is an Advance Directive in Tennessee?
An advance directive is a legal document that lets you state your health care preferences and name someone you trust to make medical decisions if you cannot. In Tennessee, this typically includes your treatment choices (such as life-sustaining measures, pain control, and organ donation) and the appointment of a health care agent (also called a health care proxy or durable power of attorney for health care). Tennessee law recognizes both preferences and an agent under the Tennessee Health Care Decisions Act.[1]
Tennessee Forms and Terminology
Tennessee recognizes combined advance directive forms that cover both treatment preferences and the appointment of a health care agent. While many people still use the terms “living will” and “medical power of attorney,” Tennessee’s current practice often integrates these choices into a single document. You can use the Tennessee Advance Directive for Health Care form provided by the Department of Health.[3] The older Tennessee Right to Natural Death Act also addresses end-of-life directions.[2]
Who Should Consider an Advance Directive?
Every adult should consider an advance directive—especially if you have strong feelings about life support, want to relieve loved ones of difficult decisions, have chronic or serious health conditions, or are planning for major surgery. It is also helpful for college students, military members, and frequent travelers to have clear instructions and a trusted decision-maker.
Choosing a Health Care Agent
Select someone who knows your values, can stay calm in emergencies, and will advocate for your wishes with medical professionals. Talk with your chosen agent in advance about your goals, beliefs, and any limits on treatments. Consider naming an alternate agent in case your first choice is unavailable.
Key Medical Choices to Address
Your directive can address:
- Preferences about CPR and resuscitation
- Life-sustaining treatments such as ventilators, dialysis, and artificial nutrition and hydration
- Pain management and comfort-focused care
- Hospitalization versus staying at home
- Organ and tissue donation
- Spiritual or cultural considerations you want your care team to honor
Making Your Tennessee Directive Valid
Tennessee law sets out formalities for signing an advance directive. Generally, you must sign and either have two qualified adult witnesses or have the document notarized. Certain people—such as your named agent and some health care providers or facility staff—should not serve as witnesses. Because requirements can vary by circumstance and form, follow the instructions on the official Tennessee form and use acceptable witnesses or a notary.[1][3]
After You Sign: Share and Store
Give copies to your health care agent, primary care physician, specialists, and close family. Bring a copy when you go to the hospital or a new provider. Keep the original in a safe but accessible place at home, and avoid locking it away where others cannot reach it. Consider carrying a wallet card noting that you have an advance directive and how to contact your agent.
Updating or Revoking Your Directive
Review your directive regularly—especially after major life events such as a new diagnosis, a change in marital status, the death or unavailability of your agent, or a shift in your treatment preferences. Tennessee law allows you to update or revoke your directive. If you make changes, distribute updated copies and ask providers to replace prior versions in your medical record.[1]
How Your Directive Works in Emergencies
If you lose the ability to make decisions, your health care agent makes choices consistent with your stated wishes and best interests. If you did not name an agent, Tennessee law provides a priority list of potential decision-makers (a “surrogate”), which can help but may cause delays or disagreements. Having a clear directive and an agent helps your care team act quickly and confidently.[1]
Special Considerations: DNR Orders and POST
A Do-Not-Resuscitate (DNR) order and the Tennessee POST (Physician Orders for Scope of Treatment) program are different from an advance directive. They are medical orders completed with and signed by your clinician and used in active treatment settings or for serious illness. Many Tennesseans benefit from having both: an advance directive for overall goals and a POST or DNR order that translates those wishes into actionable instructions for clinicians.[4]
Practical Steps to Get Started
- Talk with your loved ones and potential agent about your values and goals.
- Obtain a Tennessee-approved advance directive form (for example, the Department of Health’s Advance Directive for Health Care).[3]
- Complete the form carefully, following the instructions for witnesses or notarization.
- Share copies and discuss your choices with your clinicians and agent.
- Revisit your directive periodically and after major life changes.
Quick Tips for Tennessee Residents
- Name at least one alternate agent in case your first choice is unavailable.
- Use witnesses who are not your agent, health care providers, or facility staff.
- Give your agent practical guidance about pain control, quality of life, and hospital transfers.
- Ask your clinicians whether a POST form or DNR order is appropriate for your situation.
- Upload your directive to any patient portal your providers use, if available.
FAQ
Do I need a lawyer to make an advance directive in Tennessee?
No. You can use the state’s form and follow the witnessing or notarization requirements. A lawyer can help align your directive with a broader estate plan.
Can my agent override my written wishes?
No. Your written wishes control. Your agent should make decisions consistent with your stated preferences and best interests.
Will my Tennessee directive work if I am out of state?
Many states honor out-of-state directives, but practices vary. Carry a copy and consider completing a form commonly accepted where you spend significant time.
What if I change my mind?
You can revoke or update your directive at any time while you have capacity. Tell your agent and providers and replace prior copies.
How is a POST different from an advance directive?
A POST is a medical order signed with your clinician for current treatment decisions; an advance directive states your goals and names an agent for future decisions.
How Our Firm Can Help
We assist clients in preparing Tennessee-compliant advance directives, coordinating with your medical providers, and integrating your directive with a broader estate plan, including durable powers of attorney, wills, and trusts. We can also help you update existing documents to reflect current law and your evolving wishes. Contact our Tennessee estate planning team to get started.
Schedule a consultation today to put a clear, Tennessee-compliant plan in place.
Disclaimer
This blog post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Consult a licensed Tennessee attorney about your specific situation.