The doctor would start with your spouse and work down this list until they find someone who is willing to step in and serve. A friend who has exhibited special care and concern for you, knows your values, and is willing and available to act.If you do not have a medical power of attorney in place and are unable to execute one due to lack of capacity, Tennessee has established a hierarchy as to who makes decisions for you. What Happens If I Do Not Have a Medical Power of Attorney? They also cannot change your advance directives such as your desire to be buried or cremated or whether you want to stay on life support. Your agent cannot place you in a nursing home if you refuse. To be clear, your agent cannot override your own decisions so long as you are competent to make them. Your agent appointed by your healthcare power of attorney can authorize the autopsy. You pass away and there is a need for an autopsy.Absent a living will or other directive, your agent has the authority to withdraw the feeding tube. You have a terminal condition and a feeding tube is keeping you alive.Your medical power of attorney agent has the ability to admit you to a nursing home or assisted living. You develop dementia/Alzheimer’s disease and cannot make competent decisions for yourself.Your agent appointed by your medical power of legal services for estate planning in Clarksville can give him permission to operate. You undergo a surgery and your doctor discovers another issue requiring further surgery.Here are some examples of situations in which your healthcare power of attorney can make decisions for you: Medical or Healthcare Power of AttorneyĪ medical power of attorney provides your agent with the ability to make healthcare decisions for you should you be unable to make the decisions for yourself. Once signed, the power of attorney goes into effect. Conversely, in Kentucky, a power of attorney must have both two witnesses and a notary to be valid. Under Tennessee law, for a power of attorney to be valid it must either be signed in the presence of a notary or witnessed by two disinterested parties. We generally recommend that you have one primary agent and at least one back up agent in case the primary agent is unwilling or unable to serve. Agent – The agent is the person or entity given the power by the principal and authorized to make decisions on behalf of the principal.Principal – The principal is the person giving the power to a certain person or entity (the agent) make decisions.There are two primary persons that are involved in a power of attorney: How a Power of Attorney is CreatedĪ power of attorney is a written document that gives power over your own affairs to a person or entity you choose. That document appoints an agent that you choose to make financial or medical decisions for you. If you were to suddenly become ill, in a car accident, or undergo a surgery, who makes financial and medical decisions for you? This question is answered by your power of attorney. Powers of attorney are an extremely important part of designing a complete estate plan as they plan for your disability, incapacity, or inability to make decisions for yourself.
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