Advance Directives Attorney Serving Franklin, Tennessee

Advance directives are legal documents that specify your healthcare preferences and designate decision-making authority if you cannot communicate your wishes. However, establishing advance directives is not simply about drafting documents; it’s about understanding the laws to effectively communicate your preferences and make them legally binding in Tennessee.  

Planning for the future can involve difficult conversations about estate planning and advance directives; that’s when you need a trusted attorney by your side. At Middle Tennessee Family Law, we assist clients in Franklin, Murfreesboro, Nashville, and throughout Middle Tennessee in preparing for the unexpected through comprehensive advance directives.  

Whether you’re starting the process or need to update existing documents, we provide personalized legal guidance that prioritizes your wishes and protects your loved ones. Contact us today to schedule a free initial consultation.

Understanding Advance Directives

Advance directives are unique legal tools that allow you to establish provisions for healthcare in the event you are unable to do so yourself. These directives outline your wishes for the type of health and life-saving care you would and would not like to receive, which can relieve your family from making difficult decisions. Some common forms of advance directives include: 

• Living will: Specifies your preferences for life-sustaining treatments, such as resuscitation, mechanical ventilation, or artificial nutrition and hydration. 

• Durable power of attorney for healthcare: Also known as a healthcare proxy, a durable POA designates someone you trust to make medical decisions for you if you cannot do so. 

• Do not resuscitate (DNR) order: Specifies that you do not want cardiopulmonary resuscitation (CPR) administered if your heart stops or you stop breathing. 

These documents work together to bring clarity and consistency to your medical care, but they must be carefully drafted to comply with Tennessee laws. Working with an experienced estate planning attorney can help avoid ambiguities or missteps that could compromise your wishes.

Tennessee Laws Governing Advance Directives

Tennessee has clear laws regarding advance directives. Under the Tennessee Health Care Decisions Act, you have the legal right to specify your medical preferences and appoint a healthcare agent to act on your behalf.  Some important legal aspects to consider include, but are not limited to, the following.

• Witnesses: Advance directives must be signed in the presence of two witnesses or notarized to be valid in Tennessee. 

• Healthcare agents: If you designate a healthcare agent through a durable power of attorney, they have legal authority to make decisions only if you are incapacitated. Agents must act in your best interests and, whenever possible, follow your preferences. 

• Living wills: To create a living will, you must specify your choices for treatment measures under certain medical conditions, such as terminal illness or permanent unconsciousness. Some decisions, such as DNR orders, require specific forms and procedures. 

• Changes or revocation: You can change or revoke your advance directives at any time, provided you are mentally competent to make those decisions. 

• Emergency medical technicians (EMTs): Tennessee law requires that EMTs and other healthcare providers honor advance directives, including DNR orders, as long as they are presented in a proper format. 

How an Attorney Can Help with an Advance Directive

While many websites and templates claim to simplify the creation of an advance directive, they often fail to provide an understanding of the customization required for these critical documents. Without careful planning and guidance, you could risk leaving your family with unclear or incomplete instructions for your healthcare wishes or needs. Some of the ways an attorney can help include the following.

• Personalized guidance: Every situation is unique. Perhaps you have strong preferences about what qualifies as quality of life or specific religious considerations for end-of-life care. An attorney can help you draft a comprehensive directive that fully accommodates your values and priorities.
  

• Detailed review: Generic templates often fail to comply with state-specific laws or overlook important details. An attorney can make sure your advance directives meet all Tennessee legal requirements and are written in a clear, enforceable manner.
  

• Support for families: Our role doesn’t end once the documents are signed. An attorney can advise you and your family on how to communicate advance directives to healthcare providers and loved ones, so everyone understands how these documents should be used.
   

• Flexibility: Life evolves, and with it, so do your preferences. An attorney can help you revisit and revise your advance directives as needed to make sure they remain current with your changing needs. 

By working with our attorney at Middle Tennessee Family Law, you can establish comprehensive legal documents that effectively communicate your wishes, protect them, and make sure they are understood by those who matter most.