This Statutory Living Will form allows you to express your wishes and desires if it is determined that your death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process. It is a declaration that such procedures be withheld or withdrawn, and that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfortable care.
Tennessee Statutory Living Will
State:
Tennessee
Control #:
TN-P023
Format:
Word;
Rich Text
Instant download
Description
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Key Concepts & Definitions
Statutory Living Will: A legal document allowing individuals to outline their preferences for healthcare decisions if they lose mental capacity. This typically covers both personal injury scenarios and end-of-life care.
Mental Capacity: A person's legal and mental capability to make decisions about their own healthcare and property actions.
Court Protection: Legal oversight provided to ensure a person's choices are respected especially when they cannot make decisions due to impaired mental capacity.
Step-by-Step Guide to Creating a Statutory Living Will
- Assessment of Mental Capacity: Confirm your ability to make decisions with healthcare professionals.
- Consultation with Personal Injury Lawyers: Discuss potential personal injury scenarios and implications with specialized lawyers.
- Drafting the Document: Use LegalMatch services or similar platforms to create a draft, including sections on healthcare decisions and property actions.
- Inclusion of Special Instructions: Decide on matters like family trusts or property management in cases of incapacity.
- Sign and Witness: Sign the will in the presence of witnesses to authenticate it.
- Registration If Applicable: Register the document with relevant court protection services.
- Review and Update Regularly: As personal circumstances or health conditions change, updating the will is crucial.
Risk Analysis
- Legal Risks: Incorrectly prepared statutory living wills may not be legally enforceable.
- Healthcare Risks: Inadequate documentation may lead to unwanted healthcare interventions or the ignoring of the patients wishes.
- Financial Risks: Consider setting aside funds for potential legal battles or court protection measures.
Best Practices
- Engage with experienced personal injury lawyers who specialize in statutory living wills.
- Use online support and LegalMatch services to draft and review the document accurately.
- Include clear, concise language particularly surrounding critical healthcare decisions and property actions.
- Opt for a payment plan for legal expenses to manage costs effectively over time.
- Regularly revisit and update the document to reflect new laws or personal changes.
FAQ
- What is a statutory living will? It's a legal document detailing your wishes regarding medical treatment and property management in the event you lose mental capacity.
- How often should I update my statutory living will? It is advisable to review and, if necessary, update your living will every 3 to 5 years or after major life events.
- Can a statutory living will be contested? Yes, despite its legal authority, family members or interested parties can contest the document in court.
How to fill out Tennessee Statutory Living Will?
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FAQ
Tennessee law requires testators to be 18 and of sound mind, while two or more witnesses must sign the will to make it valid.Signature and material provisions must be in handwriting of testator and handwriting must be proved by two witnesses (no witnesses necessary to the will).
A living will is a vital part of the estate plan.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions.
Tennessee law requires testators to be 18 and of sound mind, while two or more witnesses must sign the will to make it valid.Signature and material provisions must be in handwriting of testator and handwriting must be proved by two witnesses (no witnesses necessary to the will).
You do not need a lawyer to make a living will, although you can get one from a lawyer if you prefer to. Every state has its own requirements for making a living will, so if you make one on your own, make sure you find a form that meets your state's requirements.
No, in Tennessee, you do not need to notarize your will to make it legal. However, Tennessee allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
Generally, yes. The Tennessee statute on Wills recognizes the validity of holographic or handwritten Wills. T.C.A. § 32-1-105.
Living Wills are Binding Legal Documents Your living will needs to be a legal document. Telling someone what you want verbally or even writing it down is not enough.Your living will needs to cover what you wish to happen if you become terminally ill, permanently unconscious, or unable to convey your own wishes.
Living will. A living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as your preferences for other medical decisions, such as pain management or organ donation. In determining your wishes, think about your values.
To be valid, a living will must meet state requirements regarding notarization or witnesses. A living will can be revoked at any time. The document can take effect as soon as it's signed, or only when it's determined that the person can no longer communicate his or her wishes about treatment.