§ 34-6-401. Part Definitions
As used in this part: “Health care” has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18; “Health care decisions” has the same meaning as defined in § 68-11-1802 of the Tennessee Health Care Decisions Act; “Health care institution” has the […]
§ 34-6-402. Health Care Decisions for Unemancipated Minors — From Whom Obtained — Persons Standing in Loco Parentis — Affidavit
Health care decisions for an unemancipated minor child may be obtained from persons with authority to consent, including the appointed guardian or legal custodian, or the individual to whom the minor’s custodial parent or legal guardian has given a signed authorization to make health care decisions through a military power of attorney or a limited […]
§ 34-6-403. Scope of Power of Person Standing in Loco Parentis to Make Health Care Decisions — Limitations
The parent, legal guardian, or legal custodian may, but is not required to, convey in loco parentis standing to another adult if there is no order of any court in effect from any jurisdiction, including an order of protection, custody order, or parenting plan, that would prohibit the parent, legal guardian, legal custodian or the […]
§ 34-6-404. Effect of in Loco Parentis Standing
In loco parentis standing: Does not affect the rights and responsibilities of an unemancipated minor’s parents or legal guardian or legal custodian regarding the care, custody, and control of the minor; Does not affect the rights of an unemancipated minor to make health care decisions in accordance with existing law; and Does not grant legal […]
§ 34-6-405. Immunity From Liability for Person Standing in Loco Parentis
Except for acts of willful misconduct or gross negligence, a person standing in loco parentis who makes health care decisions for an unemancipated minor shall not be liable for damages arising from providing consent to such health care.
§ 34-6-406. Immunity From Liability for Health Care Providers Relying on Authorization Affidavit — Authorization Affidavit Does Not Confer Dependency
A health care provider who has no actual knowledge of facts contrary to those stated in an authorization affidavit and who relies on a written instrument that is consistent with the requirements of this part and provides health care to an unemancipated minor shall not incur civil liability, criminal culpability, or professional disciplinary action for […]
§ 34-6-306. Termination of Power of Attorney
The power of attorney for care of a minor child may be terminated by an instrument in writing signed by either parent with legal custody. The power of attorney for care of a minor child may also be terminated by any order of a court of competent jurisdiction that appoints a legal guardian or legal […]
§ 34-6-215. Power of Attorney Executed Outside Tennessee — When Effective
A durable power of attorney for health care that is executed outside of this state by a nonresident of this state at the time of execution shall be given effect in this state if that durable power of attorney for health care is in compliance with either this chapter or the laws of the state […]
§ 34-6-216. Attorney in Fact Other Than Parent
If a valid durable power of attorney for health care, executed pursuant to this part, designates a person other than a child’s parent to consent to treatments or procedures, the power of attorney shall control.
§ 34-6-217. Effect and Interpretation of Durable Powers of Attorney
A durable power of attorney for health care entered into before July 1, 2004, under this part shall be given effect and interpreted in accord with this part. A durable power of attorney for health care entered into on or after July 1, 2004, that evidences an intent that it is entered into under this […]