Home

Under Tennessee law, can a living will be revoked?

Posted on Mar 20 2013 4:39PM by Attorney, Jason A. Lee

A living will declaration can be revoked at any time regardless of the declarant's mental state or competency.  It can be revoked by certain methods found in T.C.A. § 32-11-106 which includes written revocation or an oral revocation made to the attending physician.  T.C.A. § 32-11-106 provides as follows:

 

A declaration may be revoked at any time by the declarant, without regard to the declarant's mental state or competency, by any of the following methods, effectively communicated by the declarant to the attending physician or other concerned health care provider:

(1) Written revocation by the declarant, dated and signed by the declarant.

(2) By oral statement or revocation made by the declarant to the attending physician. This revocation shall be made a part of the declarant's medical record by the attending physician.

As a result, even if an individual's mental state or competency is in question, if the revocation of the living will complies with one of the two provisions in this statute, then the living will is revoked.


TAGS: Living Will
Comments
There are currently no comments associated with this article.
Post a Comment / Question
Name:
Email Address:
Verify:
Comments:
Email a Friend
Email this entry to:
Your email address:
Message:
 
Author

Jason A. Lee is a Member of Burrow Lee, PLLC. Contact Jason at 615-540-1004 or jlee@burrowlee.com for an initial consultation on wills estate planning and probate issues.

Search
Enter keywords:
Subscribe   RSS Feed
Add this blog to your feeds or subscribe by email using the form below
Archives
Copyright © 2018, Jason A. Lee. All Rights Reserved
Tennessee Wills and Estates Blog
Jason A. Lee, Member of Burrow Lee, PLLC
611 Commerce Street, Suite 2603
Nashville, TN 37203
Phone: 615-540-1004
E-mail: jlee@burrowlee.com

PRIVACY POLICY | DISCLAIMER