Tennessee Living Will Requirements
Based on TCA §32-11-101 et seq. (Right to Natural Death Act) and TCA §68-11-1801 et seq. (Tennessee Health Care Decisions Act)
Quick Summary
- Document type: Living Will / Advance Directive for Health Care
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Tennessee requires 2 witnesses who are present when you sign your living will / advance directive for health care. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be a competent adult at least eighteen (18) years of age
- A witness cannot be the person appointed as the agent or alternate agent in the advance directive
- At least one witness must not be related to the declarant by blood, marriage, or adoption
- At least one witness must not be entitled to any portion of the declarant's estate upon death under any will or codicil or by operation of law
- A witness cannot be the attending physician or an employee of the attending physician
- A witness cannot be an employee of a health care facility in which the declarant is a patient
- A witness cannot have a claim against any portion of the estate of the declarant at the time of the declaration
When Your Living Will Takes Effect
Your Tennessee living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is any disease, illness, injury, or condition from which there is no reasonable medical expectation of recovery and that, as a medical probability, will result in the death of the patient, regardless of the use or discontinuance of medical treatment implemented for the purpose of sustaining life or the life processes.
Persistent Vegetative State
A persistent vegetative state is included within the definition of terminal condition under the Tennessee Right to Natural Death Act. It is a condition in which the patient has sustained complete loss of self-aware cognition with no behavioral evidence of self-awareness or awareness of surroundings and from which there is no reasonable medical expectation of recovery.
Irreversible Condition
An irreversible condition is one from which there is no reasonable medical expectation of recovery and that, as a medical probability, will result in death regardless of the use or discontinuance of medical treatment implemented for the purpose of sustaining life.
Important Notes for Tennessee
- Tennessee has two related statutes: the Right to Natural Death Act (TCA §32-11-101 et seq.) governing living wills, and the Tennessee Health Care Decisions Act (TCA §68-11-1801 et seq.) governing advance directives for health care
- Notarization by a notary public may be used as an alternative to having two witnesses sign the declaration
- Any living will complying with TCA Title 32, Chapter 11 is given effect under the Health Care Decisions Act
- A statutory declaration form is provided in TCA §32-11-105
- The declaration directs that medical care be withheld or withdrawn and that the declarant be permitted to die naturally with only administration of medications or medical procedures deemed necessary for comfortable care or to alleviate pain
- A declaration may be revoked at any time by the declarant, without regard to the declarant's mental or physical condition, by destruction, written revocation, or oral revocation in the presence of a witness who signs and dates a written confirmation
- Tennessee does not require the declarant to be a resident of the state; any competent person eighteen (18) years of age or older may execute a living will
- If the declarant is unable to sign, the declaration may be signed by another person in the declarant's presence and at the declarant's express direction
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.