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Health Care Power of Attorney Requirements in Tennessee

In Tennessee, a durable power of attorney for health care or advance directive appointing an agent must be notarized or signed before two competent adult witnesses who are not the agent, and at least one witness must be unrelated and not an heir.

Last checked . General information, not legal advice.

Tennessee at a glance

Document name
Durable power of attorney for health care (or advance directive)
The Tennessee Health Care Decisions Act also lets a person appoint an agent in an advance directive under 68-11-1803.
Witnesses
2 witnesses or a notary
Witnesses must be adults.
Notary required
Notary or 2 witnesses
Either a notary with no witnesses or two witnesses without a notary.
Who cannot witness
Agent; 1 witness must be unrelated and not an heir
The document must include an attestation clause confirming the witnesses meet these rules.

Sources

Last checked

The rules in Tennessee

What is a health care power of attorney called in Tennessee?

Document name in Tennessee: Durable power of attorney for health care (or advance directive). The Tennessee Health Care Decisions Act also lets a person appoint an agent in an advance directive under 68-11-1803.

How many witnesses does a health care power of attorney need in Tennessee?

Witnesses in Tennessee: 2 witnesses or a notary. Witnesses must be adults.

Does a health care power of attorney have to be notarized in Tennessee?

Notary or 2 witnesses. Notary required in Tennessee: notary or 2 witnesses. Either a notary with no witnesses or two witnesses without a notary.

Who cannot witness a health care power of attorney in Tennessee?

Who cannot witness in Tennessee: Agent; 1 witness must be unrelated and not an heir. The document must include an attestation clause confirming the witnesses meet these rules.

Where do the Tennessee health care power of attorney requirements come from?

The rules above come from Tenn. Code 34-6-203 and Tenn. Code 68-11-1803. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.