(a) A declaration is effective only if it is signed by the service recipient and two (2) competent adult witnesses and is not signed on the premises of a mental health service provider. The witnesses shall attest that the service recipient is personally known to them; signed the declaration in their presence; talked with the witnesses about the document, its contents, and the reasons for preparing and wanting the document to be effective; appears to be capable of making mental health treatment decisions; and is not under duress, fraud, or undue influence.
Terms Used In Tennessee Code 33-6-1004
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Fraud: Intentional deception resulting in injury to another.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Service recipient: means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has mental illness or serious emotional disturbance. See Tennessee Code 33-1-101
signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
(b) None of the following may be used as a witness:
(1) The service recipient’s mental health service provider;(2) An employee of the service recipient’s mental health service provider;(3) The operator of a mental health facility; or(4) An employee of a mental health facility.(c) At least one (1) of the persons who is a witness shall be a person who is neither:
(1) A relative of the service recipient by blood, marriage or adoption; nor(2) A person who would be entitled to any portion of the estate of the service recipient upon the service recipient’s death under any will or codicil of the service recipient that exists at the time of execution of the declaration for mental health treatment or by operation of law then existing.
