Do I Need to Have My Tennessee Living Will Witnessed or Notarized?

In Tennessee, you must sign your health care directive in front of two witnesses or a notary.

In Tennessee, your living will and medical power of attorney  are combined into one document called an advance health care directive.  You may use your advance directive to document your health care wishes and to name a trusted person to make health care decisions for you when you cannot make those decisions for yourself.

Sign Your Tennessee Advance Directive in Front of Witnesses or a Notary

After you create your directive, you must sign your document and have it either notarized or witnessed by two people. If you choose to have your document witnessed, both witnesses must be competent adults and neither may be your health care agent. In addition, at least one of your witnesses must not be related to you by blood, marriage or adoption—and must not be entitled to any part of your estate by operation of law or under your will.

What to Do With Your Signed Advance Directive

After having your document witnessed or notarized, it is legally valid. Keep the original in your files and give a copy to your health care agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. So, you might also consider giving copies of your advance directive to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

Review your document every few years to make sure that it still reflects your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your agent is no longer able to supervise your wishes.

Your properly finalized document will stay in effect until you revoke it, if you ever choose to do so. You can revoke your document at any time. The best way to revoke your advance directive is to do it in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your advance directive that you have revoked it.  

Learn More

Learn more about Living Wills and Medical Powers of Attorney.

Learn more about Tennessee Living Wills and Advance Health Care Directives.

When you make an advance directive with Quicken WillMaker Plus, it will conform to all of Tennessee’s  health care directive laws and it will print with plain English instructions that detail how to make it legal.

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