Updated September 3, 2026. Quick answer: Tennessee calls this instrument Advance Directive (statutory umbrella term under the Tennessee Health Care Decisions Act; two older parallel acts, a living will act (Title 32 Ch. 11) and a durable power of attorney for health care act (Title 34 Ch. 6 Pt. 2), remain effective per §68-11-1803(j)). Witnesses needed to execute it: 2 (unless notarized instead). What the state requires: Either/or: §68-11-1803(b) requires the directive be ‘in writing and signed by the principal’ and ‘either notarized or witnessed by two (2) witnesses.’. Getting the execution formalities wrong is the most common way a directive fails when it is needed.
The execution box
| What the state calls it | Advance Directive (statutory umbrella term under the Tennessee Health Care Decisions Act; two older parallel acts, a living will act (Title 32 Ch. 11) and a durable power of attorney for health care act (Title 34 Ch. 6 Pt. 2), remain effective per §68-11-1803(j)) |
|---|---|
| Witnesses required | 2 (unless notarized instead) |
| Witnesses or notary? | Either/or: §68-11-1803(b) requires the directive be ‘in writing and signed by the principal’ and ‘either notarized or witnessed by two (2) witnesses.’ |
| Who may NOT witness | The designated health care agent. Of the two witnesses, at least one must not be related to the principal by blood, marriage, or adoption and must not be entitled to any portion of the principal’s estate. Both witnesses must be competent adults. |
| If you are in a care facility | Not specified: no distinct provision addressing execution while the principal is a hospital/facility patient at signing was located in §68-11-1803. |
| Authority | Tenn. Code Ann. § 68-11-1803(b), Tennessee Health Care Decisions Act |
What the statute says
“The advance directive must be in writing and signed by the principal. The advance directive must either be notarized or witnessed by two (2) witnesses. … a witness shall be a competent adult, who is not the agent, and at least one (1) of whom is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal.” (Tenn. Code Ann. §68-11-1803(b))
(Tenn. Code Ann. § 68-11-1803(b), Tennessee Health Care Decisions Act)
The form
§68-11-1805 directs the state Board for Licensing Health Care Facilities to develop model forms, so a state-sanctioned model form is statutorily mandated, but a working live tn.gov download URL could not be independently confirmed this session.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room, family, the treating doctor, facility staff, are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above: several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
PRIMARY SOURCE UNFETCHABLE: wapp.capitol.tn.gov redirected to an error page and law.justia.com returned 403 (Cornell LII does not host TN code). Fallback: codes.findlaw.com (an unapproved substitute mirror, flagged). FindLaw’s text is internally consistent with the well-established statutory scheme but was not cross-checked against the official PDF/HTML.
Related: all states compared · living will versus healthcare proxy · what it costs.
Also for Tennessee: Tennessee Small Estate Affidavit · How Much Does a Will Cost in Tennessee? · What Adult Guardianship Costs in Tennessee.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.