Life Sustaining Statute, Tennessee
A Life Sustaining Statute or a uniform living will is a legal document written by someone who is diagnosed with an illness that may be difficult to cure or has a chance to become a terminal illness. A life sustaining statute or uniform living will states the wishes of the person who is ill. It states what they would want to happen in the case that their illness does become terminal or that they pass the point of no return. This document states the types of medications he will be restricted to and from. It also states that if the person decided to prolong or shorten his or her life, that he or she did it willingly, of sound mind, has been informed of possible treatments and procedures, and understands all legal implications of his or her decisions. The document is generally written (this may vary among states) with the writer’s signature, City of residence, County of residence, State of residence, Social Security Number, the Date it was signed, and the names of the witnesses present during this event. It is then presented to a notary public for notarization and publishing. Finally, you are encouraged to keep multiple copies. Make sure that theses can be accessible with your doctor, lawyer, and family members.
A life sustaining statute is generally legal in most states and will generally be enforce and made in the presence of witnesses and a notary public. There is a general format when it come to life sustaining statutes but the details may differ depending on the state you are in. In the state of Tennessee, it is a general legal form.
Life Sustaining Statute, Tennessee
Living Will as Provided by Tennessee Code 32-11-105
LIVING WILL OF ___________________
I, ____________, willfully and voluntarily make known my desires that my dying shall not be artificially prolonged under the circumstances set forth below, and do hereby declare:If at any time I should have a terminal condition and my attending physician has determined that there can be no recovery from such condition and my death is imminent, and where the application of life-prolonging procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medications or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.
In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.
I understand the full import of this declaration and I am emotionally and mentally competent to make this declaration. In acknowledgment whereof, I do hereinafter affix my signature on this the ___________ day of ______________ 20_____.
_____________________________________________________________
Declarant: ________________
Residing at : _____________
___________________________We, the subscribing witnesses hereto, are personally acquainted with and subscribe our names hereto at the request of the Declarant, an adult, whom we believe to be of sound mind, fully aware of the action taken herein and its possible consequence. We, the undersigned witnesses, further declare that we are not related to the Declarant by blood or marriage; that we are not entitled to any portion of the estate of the Declarant upon his decease under any will or codicil thereto presently existing or by operation of law then existing; that we are not the attending physician, an employee of the attending physician or a health facility in which the Declarant is a patient; and that we are not a person who, at the present time, has a claim against any portion of the estate of the Declarant upon his death.
Witness: ______________________________________________
Witness: _______________________________________________Subscribed, sworn to and acknowledged before me by ____________, the Declarant, and subscribed to before me by __________________________ and ________________________, witnesses, this _______ day of ___________________________ 20___.
_______________________________________________________________
Notary Public
Living Will as Provided by Tennessee Code 32-11-105
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Tennessee. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is a living will under Tennessee law?
A living will under Tennessee law is a legal document that allows you to declare your wishes regarding medical treatment if you have a terminal condition and are unable to communicate. It is provided by Tennessee Code 32-11-105. The document states that you do not want your dying to be artificially prolonged under certain circumstances.
When does a living will in Tennessee take effect?
A living will in Tennessee takes effect if you have a terminal condition, your attending physician has determined there can be no recovery, and your death is imminent. Additionally, it applies when life-prolonging procedures would only artificially prolong the dying process. At that point, the document directs that such procedures be withheld or withdrawn.
What is the purpose of a living will in Tennessee?
The purpose of a living will in Tennessee is to allow you to express your desire that your dying not be artificially prolonged when certain conditions are met. It ensures that your family and physicians honor your legal right to refuse medical or surgical treatment. It also permits you to die naturally with only comfort care or pain alleviation.
Can life-prolonging procedures be withheld or withdrawn under a Tennessee living will?
Yes, under a Tennessee living will, you can direct that life-prolonging procedures be withheld or withdrawn if you have a terminal condition and death is imminent. The document specifies that such procedures should be withheld or withdrawn when they would only artificially prolong the dying process. However, you still receive medications or medical procedures for comfort care or pain relief.
Who is responsible for honoring a living will in Tennessee?
In Tennessee, your family and physicians are responsible for honoring your living will. The document states that it is your intention that this declaration be honored by them as the final expression of your legal right to refuse medical or surgical treatment. They must respect your wishes as outlined in the living will.
What is the legal basis for a living will in Tennessee?
The legal basis for a living will in Tennessee is Tennessee Code 32-11-105. This statute provides the form and legal recognition for living wills in the state. It allows individuals to make known their desires regarding end-of-life medical treatment.
What should be included in a Tennessee living will?
A Tennessee living will should include your declaration that if you have a terminal condition and death is imminent, you direct that life-prolonging procedures be withheld or withdrawn. It should also state that you be permitted to die naturally with only comfort care or pain alleviation. The document must be willfully and voluntarily made.
Does a Tennessee living will allow for comfort care?
Yes, a Tennessee living will explicitly allows for comfort care. It directs that you be permitted to die naturally with only the administration of medications or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain. This ensures that you remain comfortable even when life-prolonging procedures are withheld or withdrawn.
What is the role of the attending physician in a Tennessee living will?
The attending physician plays a key role in a Tennessee living will by determining whether you have a terminal condition and whether there can be no recovery. Their determination that death is imminent triggers the directives in the living will. They are also among those responsible for honoring your wishes as expressed in the document.
Is a Tennessee living will legally binding?
Yes, a Tennessee living will is legally binding as it is provided by Tennessee Code 32-11-105. It serves as the final expression of your legal right to refuse medical or surgical treatment. Your family and physicians are expected to honor it.
