Tennessee Living Wills: Avoid Costly Probate Battles

What is a Tennessee Living Will?

In Tennessee, a living will is part of an Advance Directive for Health Care. It lets you state your wishes about life-sustaining treatment if you cannot speak for yourself and can also include a health care agent to make decisions consistent with your preferences. Tennessee law recognizes written directives and the appointment of an agent under the Health Care Decisions Act (Tenn. Code Ann. Title 68, Chapter 11, Part 18). Providers and agents should follow your instructions as permitted by law; if a provider cannot comply for reasons allowed by statute, prompt notice and transfer procedures may apply (see the Act).

State guidance and model forms are available from the Tennessee Department of Health (TN Dept. of Health – Advance Directives).

How a Living Will Helps You Avoid Costly Disputes

Clear, written instructions reduce uncertainty during medical crises. When your preferences are documented—and an agent is designated—families have less to argue about, providers have clearer guidance, and courts are less likely to be asked to resolve disagreements. That can curb legal fees, delays, and avoidable stress that sometimes spill into probate or conservatorship proceedings. While no document can eliminate all conflict, an advance directive can meaningfully reduce the risk of court involvement.

Key Tennessee Requirements

• Who may sign: An adult (or an emancipated minor) with capacity.
• Execution formalities: Sign your advance directive and complete proper witnessing or notarization as permitted by Tennessee law (for example, two adult witnesses or notarization, with certain witness restrictions). See the Health Care Decisions Act (Tenn. Code Ann. Title 68, Ch. 11, Pt. 18) and the state’s model forms (TN Dept. of Health).
• Optional registry: Tennessee offers an Advance Directive Registry so providers can access your directive when needed (Registry Rules, Ch. 1200-11-12).

Living Will vs. Health Care Agent

Your living will sets out your treatment choices. Naming a health care agent authorizes someone you trust to interpret and apply your wishes to situations not explicitly covered by your written instructions. In Tennessee, you can combine both in one document: spell out your preferences and appoint an agent to carry them out (see Health Care Decisions Act).

Common Choices Addressed in Tennessee Living Wills

• Life-sustaining treatment (for example, ventilators, artificial nutrition and hydration)
• Comfort-focused care and pain management
• Additional instructions or limitations tailored to your values and medical circumstances

See the state’s model forms for the full set of options (TN Dept. of Health).

Who Should Keep Copies

Keep the original in a safe but accessible place. Provide copies to your named agent, alternates, primary care physician, key specialists, and any hospital where you receive care. Consider submitting it to the Tennessee Advance Directive Registry so providers can locate it quickly (Registry Rules).

Updating or Revoking Your Directive

Your wishes can change. Tennessee law allows you to update or revoke your directive. Best practice is to execute a new directive, notify your agent and health care providers, replace prior copies, and confirm the current version is in any registry you use (see Health Care Decisions Act).

Coordination With Your Estate Plan

A living will addresses health care, not property. Align your living will with your HIPAA authorization, durable power of attorney, last will and testament, and beneficiary designations. Consistency across documents helps prevent mixed messages that can trigger family conflict.

Practical Steps to Get Started in Tennessee

• Review Tennessee’s statutes and model forms (TN Dept. of Health; Health Care Decisions Act).
• Decide on your treatment preferences.
• Choose a trusted health care agent and at least one alternate.
• Execute the document with proper witnessing or notarization as allowed by Tennessee law.
• Distribute copies and consider the state registry (Registry Rules).
• Calendar periodic reviews or updates after major life events.

When to Seek Legal Help

If you have complex medical wishes, blended family dynamics, prior disputes, or questions about coordinating your living will with powers of attorney and your will, consult a Tennessee estate planning attorney. Tailored guidance can help you avoid gaps that lead to disagreements or court involvement.

Need help creating or updating your Tennessee advance directive? Contact our firm to schedule a consultation.

Frequently Asked Questions

Do I need a lawyer?

Not required, but legal advice helps ensure compliance and coordination with your broader estate plan.

Can my agent override my written wishes?

Generally no. Your known wishes control; the agent’s role is to apply them when you cannot decide, consistent with Tennessee law.

What if my provider cannot follow my directive?

Tennessee law allows providers or facilities with conscientious objections to decline but requires timely notice and, when appropriate, transfer so your wishes can be honored elsewhere.

Will my living will affect life insurance or benefits?

A living will typically does not affect life insurance or similar benefits, but policies vary. Review your documents and consult counsel if unsure.

References

• Tennessee Department of Health – Advance Directives (accessed 2025-10-13)
• Tennessee Secretary of State – Advance Directive Registry Rules (Chapter 1200-11-12) (accessed 2025-10-13)
• Tennessee Code Annotated Title 68, Chapter 11, Part 18 (Health Care Decisions Act) (accessed 2025-10-13)

Last reviewed: 2025-10-13

Disclaimer

This blog provides general information about Tennessee advance directives and is not legal advice. Reading it does not create an attorney-client relationship. Consult a Tennessee-licensed attorney about your specific situation.