(a) Absent a court order to the contrary, a guardian shall comply with the patient’s individual instructions and may not revoke the patient’s advance directive.

Terms Used In Tennessee Code 68-11-1807

  • Advance directive: means an individual instruction or a written statement relating to the subsequent provision of health care for the individual, including, but not limited to, a living will or a durable power of attorney for health care. See Tennessee Code 68-11-1802
  • Agent: means an individual designated in an advance directive for health care to make a health care decision for the individual granting the power. See Tennessee Code 68-11-1802
  • Guardian: means a judicially appointed guardian or conservator having authority to make a health care decision for an individual. See Tennessee Code 68-11-1802
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care: means any care, treatment, service or procedure to maintain, diagnose, treat, or otherwise affect an individual's physical or mental condition, and includes medical care as defined in §. See Tennessee Code 68-11-1802
  • Health care decision: means consent, refusal of consent or withdrawal of consent to health care. See Tennessee Code 68-11-1802
(b) Absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian.
(c) A health care decision made by a guardian for the patient is effective without judicial approval.
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