A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Tennessee, a living will is recognized as an Advance Directive for Health Care. This legal document allows an individual, known as the declarant, to outline their preferences for medical treatment in the event that they are unable to communicate their wishes due to a medical emergency. The document can specify whether the declarant wants to receive, withhold, or withdraw life-sustaining treatments if they are in a terminal condition or in a state of permanent unconsciousness. Tennessee law requires that the living will be in writing, signed by the declarant, and witnessed by two individuals. The witnesses must not be related to the declarant by blood or marriage and cannot be beneficiaries of the declarant's estate. The document does not need to be notarized. Tennessee also recognizes Do Not Resuscitate (DNR) orders, which are separate from living wills and must be signed by a physician. These legal instruments are governed by the Tennessee Code, specifically in Title 32, Chapters 11 and 11A, which cover the Right to Natural Death and Advance Care Plans respectively.