Living Wills and Advance Directives in Tennessee

Tennessee combines the living will and health care agent appointment in an 'advance directive for health care.' An adult or emancipated minor may sign one. It must be in writing, signed by the principal, and either notarized or signed by two competent adult witnesses. A witness may not be the agent, and at least one witness must not be related to the principal by blood, marriage or adoption and must not be entitled to any part of the principal's estate. The directive must contain an attestation clause confirming the witnesses qualify. Living wills made under older Tennessee laws remain valid.

The health care agent is appointed in the advance directive for health care (older 'durable power of attorney for health care' documents remain valid). The same signing rules apply: in writing, signed by the principal, and either notarized or witnessed by two competent adults, the agent may not be a witness, and at least one witness must be unrelated and not entitled to any part of the estate. Unless the directive says otherwise, the agent's authority starts only when the designated physician determines the principal lacks capacity.