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1 Elder Law Practice in Tennessee § 11.04


Summary

  • [a] Definition.

    A durable power of attorney for health care is a durable power of attorney generally (discussed in Chapter 9) in which the principal names an attorney-in-fact to make health care decisions for him.1Link to the text of the note To be effective as a durable power of attorney for health care, the document must comply with the Durable Power of Attorney for Health Care statute,2Link to the text of the note and the Tennessee Health Care Decisions Act.3Link to the text of the note This is in contrast to a living will, which need not comply strictly with the Right to Natural Death Act to be enforceable, but instead may be construed, according to the Attorney General, as a “medical consent statement.”4Link to the text of the note

    Should the financial and health care power of attorney provisions be blended in one instrument? While this may reduce client costs and make for one less document to keep track of, Mac Lean offers the following five reasons for ...