(a) This part does not affect the right of an individual to make health care decisions while having capacity to do so.

Terms Used In Tennessee Code 68-11-1812

  • 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
  • Capacity: means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health care decision. See Tennessee Code 68-11-1802
  • 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
  • Surrogate: means an individual, other than a patient's agent or guardian, authorized under this part to make a health care decision for the patient. See Tennessee Code 68-11-1802
(b) An individual is presumed to have capacity to make a health care decision, to give or revoke an advance directive, and to designate or disqualify a surrogate.
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