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Can a durable power of attorney for healthcare be revoked under Tennessee law?

Posted on May 13 2013 10:01PM by Attorney, Jason A. Lee

A durable power of attorney for healthcare is an important document that allows you to decide who can make certain medical decisions for you should you become incapacitated and unable to make such decisions.  Tennessee law provides that a durable power of attorney for healthcare can be revoked under T.C.A. § 34-6-207.  This statute provides as follows:

 

(a) The principal may, after executing a durable power of attorney for health care, do any of the following:

(1) Revoke the appointment of the attorney in fact under the durable power of attorney for health care by notifying the attorney in fact orally or in writing; or

(2) Revoke the authority granted to the attorney in fact to make health care decisions by notifying the health care provider orally or in writing.

(b) If the principal notifies the health care provider orally or in writing that the authority granted to the attorney in fact to make health care decisions is revoked, the health care provider shall make the notification a part of the principal's medical records and shall make a reasonable effort to notify the attorney in fact of the revocation.

 

As a result there is a clear Tennessee statute that allows the revocation of a durable power of attorney for healthcare in a relatively easy fashion.  It can be done orally or in writing.  It is almost always better that the revocation be in writing so there is clear evidence of the revocation and there is no question about the decision.

 

Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.

TAGS: Durable Power of Attorney for Healthcare
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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.

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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

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