Tennessee Advance Directives: A Step-by-Step Guide

Tennessee has specific requirements for advance directives, and getting them right matters. A document that doesn't meet Tennessee's legal standards may not be honored when it's needed most. Here's exactly what you need.

The Tennessee Advance Directive combines two functions: it specifies your healthcare wishes (living will) and names a healthcare agent (healthcare power of attorney). Tennessee's form is available free from the state Department of Health. You can also use an attorney to create a customized document.

Requirements for validity in Tennessee: The document must be signed by you (the 'principal') in the presence of two witnesses. The witnesses cannot be your healthcare agent, a relative by blood or marriage, anyone entitled to your estate, your attending physician, or an employee of your healthcare facility. The document does not need to be notarized in Tennessee, though some people choose to have it notarized for additional legal security.

What to include: At minimum, specify (1) who should make healthcare decisions if you cannot, (2) whether you want life-sustaining treatment if you have a terminal condition or are in a persistent vegetative state, and (3) your wishes regarding artificial nutrition and hydration. You can also specify preferences about pain management, hospice care, organ donation, and other matters.

Where to keep it: Give copies to your healthcare agent, your primary care physician, and any specialists you see regularly. Keep the original in a place your family knows about. Do not keep it in a safe deposit box — it needs to be accessible in an emergency. Consider registering it with Tennessee's Advance Directive Registry.

The POLST form (Physician Orders for Life-Sustaining Treatment) is different from an advance directive. It's a medical order signed by a physician that travels with your loved one and tells emergency responders their specific wishes. It's particularly important for people with serious illness or advanced age. Ask your doctor about completing one.