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Tennessee Advance Directives & Living Wills

Tennessee lets you plan for medical decisions through the Tennessee Health Care Decisions Act (T.C.A. § 68-11-1801 et seq.) — an advance directive and the appointment of a health-care agent — and through a living will under the Tennessee Right to Natural Death Act (T.C.A. § 32-11-101 et seq.), which directs whether life-sustaining procedures are used.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Tennessee attorney or your health-care provider about your specific situation.

Advance directives let you say, in advance, how you want medical decisions handled — and who should make them — if you can’t speak for yourself. Tennessee gives you two main tools.

Advance directive and health-care agent

Under the Tennessee Health Care Decisions Act (T.C.A. § 68-11-1801 et seq.), you can create an advance directive that records your wishes for medical care and appoints a health-care agent to make decisions for you when you are unable to. This puts a person you trust in charge of conversations with doctors and hospitals.

Living will

Under the Tennessee Right to Natural Death Act (T.C.A. § 32-11-101 et seq.), a living will directs whether life-sustaining procedures are used near the end of life. It speaks to your wishes about the kind of care you do or don’t want in those situations.

Fitting it into your plan

Health-care planning works alongside a durable financial power of attorney, your will, and any living trust. Together they cover both your money and your medical care.

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Frequently asked questions

What is an advance directive in Tennessee?
It's a document under the Tennessee Health Care Decisions Act (T.C.A. § 68-11-1801 et seq.) in which you set out your wishes for medical care and can appoint a health-care agent to make decisions if you can't.
What is a living will in Tennessee?
A living will under the Tennessee Right to Natural Death Act (T.C.A. § 32-11-101 et seq.) directs whether life-sustaining procedures are used near the end of life.
Can I name someone to make my medical decisions?
Yes. The Tennessee Health Care Decisions Act lets you appoint a health-care agent to make medical decisions for you if you are unable to do so.

Sources

Related guides

  • Avoiding Probate in Tennessee Several assets pass outside probate in Tennessee: beneficiary designations, payable-on-death/transfer-on-death accounts, joint tenancy with right of survivorship, and a funded revocable trust. Unlike some states, Tennessee has historically not allowed a transfer-on-death (beneficiary) deed for real estate — an area to confirm with a current attorney, as it has been the subject of recent legislation.
  • Tennessee Intestate Succession: Dying Without a Will If you die without a will, Tennessee's intestacy rules apply (T.C.A. § 31-2-104). If you leave surviving descendants, your spouse takes a child's share but not less than one-third (1/3) of the estate; if you leave no descendants, the spouse takes the entire estate. So with one child the spouse takes 1/2; with two or more children the spouse takes 1/3.
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  • Tennessee Power of Attorney: Durable POAs Explained Under the Tennessee Uniform Durable Power of Attorney Act (T.C.A. § 34-6-101 et seq.), a power of attorney is durable — surviving the principal's later incapacity — only if it contains durability language showing that intent, such as 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal' (T.C.A. § 34-6-102). Without that language, the agent's authority ends if the principal becomes incapacitated.
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