Tennessee Code 68-4-106 – Resolution of conflict regarding the person authorized to direct disposition of remains in the event of death when military personnel in a duty status
(a) As used in this section, “DD Form 93” means the form used by the department of defense as a record of emergency data required to be completed by military personnel, a portion of which is used by military personnel to designate the person authorized to direct disposition of their remains (PADD) in the event of death when military personnel are in a duty status as defined in 10 U.S.C. § 1481.
Terms Used In Tennessee Code 68-4-106
Donor: The person who makes a gift.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
(b) If a member of the military has executed any of the following documents:
(1) A durable power of attorney for health care executed pursuant to title 34, chapter 6, part 2;(2) An advance directive executed pursuant to chapter 11, part 18 of this title;(3) A donor card or other directive executed pursuant to the Revised Uniform Anatomical Gift Act, compiled in chapter 30, part 1 of this title;(4) A living will, executed pursuant to title 32, chapter 11;(5) A will executed pursuant to title 32 or validly executed pursuant to any other law; or(6) Any other document properly executed pursuant to law relating to the disposition of the person’s remains; and such member of the military has also executed a DD Form 93, then notwithstanding the provisions of law identified in subdivisions (b)(1)-(6) or documents executed thereunder, if there is a conflict between the person designated in any document identified in subdivisions (b)(1)-(6) and the PADD in the DD Form 93, the PADD designated in the DD Form 93 shall be the person to make the decisions concerning the disposition of the remains of the member of the military executing the DD Form 93 when a member of the military is in a duty status defined in 10 U.S.C. § 1481.
