Estate Planning Lawyer: Understanding Healthcare Directives in Tennessee

Attorney Melinda Buck Brown is a passionate advocate for Advance Healthcare Directives as part of your estate plan because of her own experiences with healthcare.  Just as a Last Will & Testament is an important tool in which to direct family assets, a Healthcare Directive is just as important to ensure your comfort during end-of-life care and a resource for your family during a time of crisis.  Contact us to discuss your Healthcare Directive.

What is a Healthcare Directive?

The purpose of a healthcare directive is to instruct medical personnel regarding your end of life medical treatment when you can't make those decisions for yourself.  

Why is a Healthcare Directive Important?

A healthcare directive is important because it makes a patient's healthcare wishes known before medical issues arise, reducing confusion at a moment when quick decisions need to be made. After the fact, healthcare directives can alleviate the guilt and uncertainty that family members feel when they have followed your wishes by making decisions on your behalf.

Creating a Healthcare Directive in Tennessee

When you create a healthcare directive, you want to :

1. Talk to your designated agent, alternate agent, and all family members about the decisions you made. It's good to establish boundaries and understand choices made in the healthcare directive, including your choice of agent. Your agent will speak for you and be your advocate when you are unable to speak for yourself.
2. Keep the originals in a safe, accessible place.
3. Provide a copy to your doctor, health care agent, attorney, and/or loved ones.
4. Be sure to log who has a copy of the directive so in case one is lost, you will have a backup.
5. Keep with you (in your purse or wallet) and a condensed version of the directive with a note where a copy may be found––this is important for unexpected emergencies.

Different states have very different rules regarding how healthcare directives are created and what goes in them.  You can find a Tennessee Advance Directive here: https://www.tn.gov/content/dam/tn/health/documents/Advance_Directive_for_Health_Care.pdf

In Tennessee, the Advance Directive for Health Care includes: 

• Designation of a healthcare proxy, or someone else to make medical decisions on the patient's behalf
• Designation of a medical power of attorney
• Instructions for wishes for quality of life
• Instructions for treatment 
• Instructions for hospice and burial arrangements
• Organ donor instructions

In Tennessee, an Advance Directive for Health Care replaces the old forms for a Living Will, durable power of attorney for health care, appointment of agent, and advance care plan.

In sum, healthcare directives do a lot for such a small part of an estate plan–they save your family the emotional pain of making healthcare decisions for you when you no longer can.

Changing Healthcare Directives in Tennessee

Every few years, you should review your advance directives and make changes accordingly. This is true for all your estate plan documents. There are two events that particularly prompt a need for an update: 

1. A new diagnosis, a terminal illness or disease that will alter your way of life;
2. A death of a loved one; and
3. Marriage or divorce as you may change who you appoint as your healthcare proxy or agent.

Contact an Estate Planning Lawyer in Oak Ridge Today

Planning for your future health care is an important part of your estate plan. Peace comes with being prepared. At Melinda Buck Brown, LLC, our estate planning lawyer will walk you through the steps of a healthcare directive and all other components of an estate plan that suit your needs and wants. Our attorney specializes in estate planning including Wills, Trusts, Probate, and Elder Law in Oak Ridge, Tennessee.  Contact us either by using the online form or calling us directly at (865) 535-5335 to schedule a consultation today.