reglab/housing_qa huggingface dataset:
TN Code § 34-6-202 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-202. Applicability of Part

  A durable power of attorney for health care executed after July 1, 1991, is effective to authorize the attorney in fact to make health care decisions for the principal only if the power of attorney complies with this part.   A durable power of attorney for health care executed after April 8, 1990, and before July 1, 1991, is effective to authorize the attorney in fact to make health care decisions for the principal if the power of attorney was executed in compliance with this part as in effect on that date.   A durable power of attorney executed before April 9, 1990, that specifically authorizes the attorney in fact to make decisions relating to the medical or health care of the principal is deemed to be valid under this part, notwithstanding that it fails to comply with all of the requirements of this part.   Nothing in this part affects the validity of a decision made under a durable power of attorney before April 9, 1990.   Any durable power of attorney for health care properly executed before May 5, 1995, shall be enforceable notwithstanding any failure to notarize signatures of witnesses to the instrument.
TN Code § 34-6-204 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-204. Attorney in Fact — Powers — Limitations

   Unless the durable power of attorney for health care provides otherwise, or unless a court with appropriate jurisdiction finds by clear and convincing evidence that the attorney in fact is acting on behalf of the principal in bad faith, the attorney in fact designated in the durable power of attorney who is known to the health care provider to be available and willing to make health care decisions has priority over any other person to act for the principal in all matters of health care decisions.    Notwithstanding the Uniform Durable Power of Attorney Act, compiled in part 1 of this chapter, if a court appoints a conservator, guardian of the estate or other fiduciary, that fiduciary shall not have the power to revoke or amend a durable power of attorney for health care nor replace the attorney in fact designated in a power of attorney for health care.   Upon application and good cause shown, when appointing a conservator, guardian of the estate or other fiduciary, a court may revoke or amend a durable power of attorney for health care or replace the attorney in fact designated in the power.       Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in the durable power of attorney may make health care decisions for the principal, before or after the death of the principal, to the same extent as the principal could make health care decisions for the principal if the principal had the capacity to do so, including:  Making a disposition under the Uniform Anatomical Gift Act, compiled in title 68, chapter 30;   Authorizing an autopsy pursuant to the Post Mortem Examination Act, compiled in title 38, chapter 7; and   Directing the disposition of remains pursuant to title 68, chapter 4.     Nothing in this part affects any right the person designated as attorney in fact may have, apart from the durable power of attorney for health care, to make or participate in the making of health care decisions on behalf of the principal.   Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in such durable power of attorney may make health care decisions as provided in this part for the principal who has a terminal condition as defined in § 32-11-103. The decision to withhold or withdraw health care may be made by the attorney in fact permitting the principal to die naturally with only the administration of palliative care as defined in § 32-11-103.
TN Code § 34-6-205 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-205. Warning Statement

 If a person other than the principal prepares a durable power of attorney for health care for the principal, the document shall contain the following warning statement. The failure to include the warning statement in the document shall not affect the validity of the document:   WARNING TO PERSON EXECUTING THIS DOCUMENT   This is an important legal document. Before executing this document you should know these important facts.   This document gives the person you designate as your agent (the attorney in fact) the power to make health care decisions for you. Your agent must act consistently with your desires as stated in this document.   Except as you otherwise specify in this document, this document gives your agent the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive.   Notwithstanding this document, you have the right to make medical and other health care decisions for yourself so long as you can give informed consent with respect to the particular decision. In addition, no treatment may be given to you over your objection, and health care necessary to keep you alive may not be stopped or withheld if you object at the time.   This document gives your agent authority to consent, to refuse to consent, or to withdraw consent to any care, treatment, service, or procedure to maintain, diagnose or treat a physical or mental condition. This power is subject to any limitations that you include in this document. You may state in this document any types of treatment that you do not desire. In addition, a court can take away the power of your agent to make health care decisions for you if your agent: (1) authorizes anything that is illegal; or (2) acts contrary to your desires as stated in this document.   You have the right to revoke the authority of your agent by notifying your agent or your treating physician, hospital or other health care provider orally or in writing of the revocation.   Your agent has the right to examine your medical records and to consent to their disclosure unless you limit this right in this document.   Unless you otherwise specify in this document, this document gives your agent the power after you die to: (1) authorize an autopsy; (2) donate your body or parts thereof for transplant or therapeutic or educational or scientific purposes; and (3) direct the disposition of your remains.   If there is anything in this document that you do not understand, you should ask an attorney to explain it to you.
TN Code § 34-6-206 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-206. Access to Medical Records and Information

 Except to the extent the right is limited by the durable power of attorney for health care, an attorney in fact designated to make health care decisions under the durable power of attorney has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records, and to consent to the disclosure of medical records.
TN Code § 34-6-207 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-207. Revocation

  The principal may, after executing a durable power of attorney for health care, do any of the following:  Revoke the appointment of the attorney in fact under the durable power of attorney for health care by notifying the attorney in fact orally or in writing; or   Revoke the authority granted to the attorney in fact to make health care decisions by notifying the health care provider orally or in writing.     If the principal notifies the health care provider orally or in writing that the authority granted to the attorney in fact to make health care decisions is revoked, the health care provider shall make the notification a part of the principal's medical records and shall make a reasonable effort to notify the attorney in fact of the revocation.   It is presumed that the principal has the capacity to revoke a durable power of attorney for health care. This presumption is a presumption affecting the burden of proof.   Unless it provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health care.   Unless the durable power of attorney for health care expressly provides otherwise, if after executing a durable power of attorney for health care the principal's marriage is dissolved or annulled, the dissolution or annulment revokes any designation of the former spouse as an attorney in fact to make health care decisions for the principal.   If authority granted by a durable power of attorney for health care is revoked under this section, a person is not subject to criminal prosecution or civil liability for acting in good faith reliance upon the durable power of attorney unless the person has actual knowledge of the revocation.   The authority of an attorney in fact acting under a durable power of attorney for health care as provided in this part may be terminated or revoked only pursuant to this section and shall not be affected by the existence of a living will executed by the principal.
TN Code § 34-6-208 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-208. Liability of Health Care Provider

  Subject to any limitations stated in the durable power of attorney for health care, and, subject to subsection (b) and §§ 34-6-210 — 34-6-212, a health care provider is not subject to criminal prosecution, civil liability or professional disciplinary action except to the same extent as would be the case if the principal, having had the capacity to give informed consent, had made the health care decision on the principal's own behalf under like circumstances, if the health care provider relies on a health care decision and both of the following requirements are satisfied:  The decision is made by an attorney in fact who the health care provider believes in good faith is authorized under this part to make the decision; and   The health care provider believes in good faith that the decision is not inconsistent with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the health care provider, and, if the decision is to withhold or withdraw health care necessary to keep the principal alive, the health care provider has made a good faith effort to determine the desires of the principal to the extent that the principal is able to convey those desires to the health care provider and the results of the effort are made a part of the principal's medical records.     Nothing in this part authorizes a health care provider to do anything illegal.   Notwithstanding the health care decision of the attorney in fact designated by a durable power of attorney for health care, the health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to withdraw health care necessary to keep the principal alive.
TN Code § 34-6-209 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-209. Emergency Care

 This part does not affect the law governing health care treatment in an emergency.
TN Code § 34-6-210 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-210. Principal's Objection to Withholding or Withdrawal of Care

 Nothing in this part authorizes an attorney in fact to consent to the withholding or withdrawal of health care necessary to keep the principal alive, if the principal objects to the withholding or withdrawal of the health care. In that instance, that health care decision shall be governed by the law that would apply if there were no durable power of attorney for health care; however, with respect to other and subsequent health care decisions, the durable power of attorney for health care shall remain in effect unless expressly revoked as provided in § 34-6-207.
TN Code § 34-6-211 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-211. Required Execution of Durable Power of Attorney for Health Care Prohibited

 No health care provider, medical service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare plan, or nonprofit hospital plan or similar insurance or medical plan may condition admission to a health care institution, or the providing of treatment, or insurance, on the requirement that a patient execute a durable power of attorney for health care.
TN Code § 34-6-212 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-212. Applicability of § 32-11-110(a)

 Section 32-11-110(a) shall apply to this part.
TN Code § 34-6-213 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-213. Life Insurance Unaffected

 The execution of a durable power of attorney for health care as provided in this part shall not affect in any manner the sale, procurement or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of health care from an insured principal.
TN Code § 34-6-214 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-214. Transfer of Patient by Health Care Provider

 Any health care provider shall arrange for the prompt and orderly transfer of a patient to the care of others when as a matter of conscience the health care provider cannot implement the health care decisions made by the attorney in fact for the principal as provided in a durable power of attorney for health care.
TN Code § 34-6-215 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 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 of the principal's residence.
TN Code § 34-6-216 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 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.
TN Code § 34-6-217 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 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 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 does not evidence an intent that it is entered into under this part may, if it complies with the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18, be given effect as an advance directive under that act.
TN Code § 34-6-218 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 2 - Durable Power of Attorney for Health Care|§ 34-6-218. Release of Personal Health Information to Determine Capacity

 Where it is necessary, under the terms of a durable power of attorney to determine the mental or physical incapacity of a patient, a healthcare provider may release personal health information to a licensed physician or licensed attorney at law if the physician or attorney at law signs and furnishes the healthcare provider with an affidavit that the release of information is necessary to determine the mental or physical incapacity of the patient, or of the agent or other fiduciary under a durable power of attorney for health care that was signed by the patient where incapacity causes the document to come into effect, discontinues its effect or calls for a change in a fiduciary acting under the document.
TN Code § 34-6-301 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 3 - Power of Attorney for Care of a Minor Child Act|§ 34-6-301. Short Title

 This part shall be known and may be cited as the “Power of Attorney for Care of a Minor Child Act.”
TN Code § 34-6-302 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 3 - Power of Attorney for Care of a Minor Child Act|§ 34-6-302. Delegation of Authority — “Parent” Defined

   A parent or parents of a minor child may delegate to any adult person residing in this state temporary care-giving authority regarding the minor child when hardship prevents the parent or parents from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for care of a minor child on a form provided by the department of children's services. Hardships may include but are not limited to:  The serious illness or incarceration of a parent or legal guardian;   The physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided; or   The loss or uninhabitability of the child's home as the result of a natural disaster.     A local education agency (LEA) is not required to enroll a student with a power of attorney stating a hardship other than one (1) of the three (3) specifically stated in subdivisions (a)(1)(A)-(C). The LEA may, however, enroll a student with a properly executed power of attorney for other hardships on a case by case basis.     The power of attorney for care of the minor child shall be signed by the parent and acknowledged before a notary public or two (2) witnesses who shall sign and date their signatures concurrently and in each other's presence.   For purposes of this part the term “parent” includes a legal guardian or legal custodian of the minor child.
TN Code § 34-6-303 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 3 - Power of Attorney for Care of a Minor Child Act|§ 34-6-303. Execution of Instrument Providing for Power of Attorney — Affidavit Detailing Hardship — Procedure When One Parent Has Legal Custody

 The instrument providing for the power of attorney shall be executed by both parents, if both parents are living and have legal custody of the minor child and shall state with specificity the details of the hardship preventing the parent from caring for the child. If only one (1) parent has legal custody of the minor child, then such parent shall execute the instrument. The other parent must consent in writing to the appointment in the instrument or the executing parent shall explain in the instrument why the consent cannot be obtained. If both parents do not execute the affidavit, then the executing parent shall send by certified mail, return receipt requested, to the other parent at the last known address, a copy of the instrument and a notice of § 34-6-305.
TN Code § 34-6-304 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 3 - Power of Attorney for Care of a Minor Child Act|§ 34-6-304. Authority of Caregiver — Enrollment in Local Education Agency — Restitution to School District for Fraudulent Enrollment

   Through the power of attorney for care of a minor child, the parent may authorize the caregiver to perform the following functions without limitation:  Enroll the child in school and extracurricular activities;   Obtain medical, dental and mental health treatment for the child; and   Provide for the child's food, lodging, housing, recreation and travel.     Nothing contained in this section shall be construed to limit the power of the parent to grant additional powers to the caregiver.     The caregiver shall have the right to enroll the minor child in the local education agency serving the area where the caregiver resides. The local education agency shall allow a caregiver with a properly executed power of attorney for care of a minor child to enroll the minor child but, prior to enrollment, may require documentation of the minor child's residence with a caregiver or documentation or other verification of the validity of the stated hardship. Except where limited by federal law, the caregiver shall be assigned the rights, duties and responsibilities that would otherwise be assigned to the parent, legal guardian or legal custodian pursuant to title 49.   Further, any adult accepting the power of attorney, as well as the parent, guardian, or other legal custodian, who enrolls a student in a school system while fraudulently representing the child's current residence or the parent's hardship or circumstances for issuing the power of attorney, is liable for restitution to the school district for an amount equal to the per pupil expenditure for the district in which the student is fraudulently enrolled. Restitution shall be cumulative for each year the child has been fraudulently enrolled in the system. Such restitution shall be payable to the school district and, when litigation is necessary to recover the restitution, the adult accepting the power of attorney, parent, guardian or other legal custodian shall be liable for the costs and fees, including attorney's fees, of the school district. Such an action for restitution shall be brought by or on behalf of the district in the circuit or chancery court in which the district is located within one (1) year of the date the fraudulent misrepresentation was discovered.
TN Code § 34-6-305 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 3 - Power of Attorney for Care of a Minor Child Act|§ 34-6-305. Revocation of Power of Attorney

 The power of attorney does not provide legal custody to the caregiver; provided, however, that, if at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any healthcare or educational decisions for the minor child, the parent must revoke the power of attorney and provide the health care provider and local education agency either written documentation of the revocation or a court order appointing a legal guardian or legal custodian.
TN Code § 34-6-306 (2021)
2021 Tennessee Code|Title 34 - Guardianship|Chapter 6 - Power of Attorney|Part 3 - Power of Attorney for Care of a Minor Child Act|§ 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 custodian.