Until 2023, there were generally two documents that were used in Tennessee to address medical decisions if a person was unable to make their own decisions due to a medical condition. The first of those documents was called a “Living Will” and the second was called a “Healthcare Power of Attorney.”

A Living Will was a document to inform a medical professional not to keep a person alive on a ventilator if the patient was in a “persistent vegetative state.” This document was a way to make sure a person’s wishes were honored if the person could not discuss their medical wishes with a medical professional.

A Healthcare Power of Attorney was a document that allowed a person to designate another person to speak to medical professionals and even make medical decisions if the patient was unable to make those decisions.

In 2023, a new document called a “Tennessee Advanced Directive” was released in Tennessee that essentially combined and expanded the Living Will and Healthcare Power of Attorney. Here are the specific provisions of a Tennessee’s Advanced Directive:

First, the Advanced Directive designates a person to make medical decisions on behalf of the person if the person is unable to make his or her own decision, similarly to a Healthcare Power of Attorney. This provision would allow medical professionals to discuss a patient’s care with a designated “agent” if the patient was unconscious, had dementia or otherwise could not make his or her own decisions.

Second, the Advanced Directive allows a person to consider several permanent medical conditions that could occur and for each permanent medical condition, the person may designate whether they want certain medical care to be provided or not.

Finally, an Advanced Directive allows a person to designate whether the person wishes to be an organ donor.

An Advanced Directive is an important part of estate planning and the attorneys at Patton | Pittman have years of experience assisting clients in navigating the important decisions that go into completing an Advanced Directive.