reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-109 - Trials for construction or interpretation of wills - Jurisdiction of courts

Any court of record having probate jurisdiction has concurrent jurisdiction with chancery courts for the construction or interpretation of wills, or parts thereof, and for establishing lost, spoliated or suppressed wills.
Acts 1991, ch. 152, § 3.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-111 - Specifically devised or bequeathed property

(a)
A specific legatee or devisee has a right to the specifically gifted or devised property in the testator's estate at death or if the property has been disposed of and a contrary intention is not manifest during the testator's lifetime:
(1)
Any balance of the purchase price, together with any security interest, owing from a purchaser to the testator at death by reason of sale of the property;
(2)
Any amount of a condemnation award for the taking of the property unpaid at death;
(3)
Any proceeds unpaid at death on fire or casualty insurance on, or other recovery for injury to, the property; and
(4)
Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation.
(b)
If specifically devised or bequeathed property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting with the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.
(c)
The right of a specific legatee or devisee under subsection (b) is reduced by any right the legatee or devisee has under subsection (a).
(d)
For the purposes of the references in subsection (b) to a conservator, subsection (b) does not apply if after the sale, mortgage, condemnation, casualty, or recovery, it was adjudicated that the testator's incapacity ceased and the testator survived the adjudication by one (1) year.
(e)
For the purposes of the references in subsection (b) to an agent acting within the authority of a durable power of attorney for an incapacitated principal:
(1)
"Incapacitated principal" means a principal who is an incapacitated person;
(2)
No adjudication of the principal's incapacity need occur before death; and
(3)
The acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal, the presumption rebuttable by clear and convincing evidence of capacity.
Acts 2004, ch. 866, § 3.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-112 - Disposition of residue

If the residue of the decedent's testamentary estate or the residue of a revocable trust created by the decedent that becomes irrevocable at the settlor's death is devised to two (2) or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to the other residuary devisees, in proportion to the interest of each in the remaining part of the residue, unless the decedent's will or trust agreement or §
32-3-105
provides for a different disposition.
Acts 2007 , ch. 8, §2; 2012 , ch. 886, § 8.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-114 - Modification of will to achieve testator's objectives

To achieve the testator's tax objectives, the court may modify the terms of a will in a manner that is not contrary to the testator's probable intention. The court may provide that the modification has retroactive effect.
Acts 2010, ch. 657, § 1.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 3 - CONSTRUCTION, OPERATION AND EFFECT (§§ 32-3-101 — 32-3-115) › Section 32-3-115 - Written statement or list to dispose of items of tangible personal property

(a)
(1)
Notwithstanding the requirements of a holographic will, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in a trade or business.
(2)
To be admissible under this section as evidence of the intended disposition, the writing:
(A)
Must:
(i)
Be either in the handwriting of the testator or signed by the testator;
(ii)
Be dated; and
(iii)
Describe the items and the devisees with reasonable certainty;
(B)
May be prepared before or after the execution of the will;
(C)
May be altered by the testator after its preparation, provided that the testator signs and dates the alteration; and
(D)
May be a writing that has no significance apart from its effect upon the dispositions made by the will.
(3)
If more than one (1) otherwise effective writings exist or a single writing contains properly signed and dated alterations, the provisions of the most recent writing or alteration revoke any inconsistent provisions of all prior writing.
(b)
A personal representative is not liable for any distribution of tangible personal property to the apparent devisee under the testator's will without actual knowledge of the written statement or list, as described in subsection (a), and the personal representative has no duty to recover property distributed without knowledge of the written statement or list.
(c)
If the writing is admitted to the probate proceeding as permitted in subsection (a), the recipient or recipients of items distributed in accordance with the written list or statement shall file a receipt for the item or items received in accordance with §
30-2-707
.
Added by 2017 Tenn. Acts, ch. 290,s 11, eff. 7/1/2017.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 4 - CONTEST (§§ 32-4-101 — 32-4-109) › Section 32-4-101 - Certificate that will is contested - Contestant's bond

(a)
If the validity of any last will or testament, written or nuncupative, is contested, then the court having probate jurisdiction over that last will or testament must enter an order sustaining or denying the contestant's right to contest the will. If the right to contest the will is sustained, then the court must:
(1)
Require the contestant to enter into bond, with surety, in the penal sum of five hundred dollars ($500), payable to the executor mentioned in the will, conditioned for the faithful prosecution of the suit, and in case of failure in the suit, to pay all costs that may accrue on the suit; and
(2)
Cause a certificate of the contest and the original will to be filed with the appropriate court for trial.
(b)
As used in this section, the term "the appropriate court for trial" means the court elected by the contestant, in the notice of contest, to conduct a trial upon the validity of the will.
Code 1858, § 2173 (deriv. Acts 1835-1836, ch. 5, § 9; 1835-1836, ch. 18, §2); Shan., § 3905; Code 1932, § 8103; Acts 1980, ch. 765, § 1; T.C.A. (orig. ed.), § 32-401; Acts 2002, ch. 631, § 1.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 4 - CONTEST (§§ 32-4-101 — 32-4-109) › Section 32-4-102 - Bond of legatee or devisee

(a)
If the legatees or devisees, or any of them, are adults, and have notice that the probate of the will is contested, the court shall require them to enter into bond, with surety, in the penal sum of five hundred dollars ($500), conditioned for the faithful prosecution of the suit, and, in case of failure in the suit, to pay all costs that may accrue on the suit, but an adult legatee or devisee who makes known in writing, to be entered of record, to the court that the adult legatee or devisee claims nothing under the will, and is willing that it be set aside, shall not be required to enter into bond.
(b)
If all the legatees or devisees are adults, and refuse or fail to enter into a bond, the will shall not be admitted to probate, but shall be held for naught, and the property of the supposed testator shall be distributed as the property of an intestate.
Code 1858, §§ 2174, 2175 (deriv. Acts 1851-1852, ch. 77, § 1); Shan., §§ 3906, 3907; Code 1932, §§ 8104, 8105; T.C.A. (orig. ed.), §§ 32-402, 32-403.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 4 - CONTEST (§§ 32-4-101 — 32-4-109) › Section 32-4-103 - Contest in forma pauperis

Persons may be permitted to have an issue made upon any will, either as plaintiffs or defendants, in the form prescribed for paupers.
Code 1858, § 2176 (deriv. Acts 1851-1852, ch. 77, § 3); Shan., §3908; Code 1932, § 8106; T.C.A. (orig. ed.), § 32-404.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 4 - CONTEST (§§ 32-4-101 — 32-4-109) › Section 32-4-104 - Issues - When and how made up - When triable

After the filing of the certificate of the contest and the original will, in the office of the clerk of the appropriate court for trial, pursuant to §
32-4-101(a)(2)
, an issue or issues shall be made up, under the direction of the court, to try the validity of the will.
Code 1858, § 2177 (deriv. Acts 1835-1836, ch. 5, § 9); Shan., §3909; Acts 1925, ch. 8, § 1; Code 1932, § 8107; T.C.A. (orig. ed.), § 32-405; Acts 2002, ch. 631, § 2.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 4 - CONTEST (§§ 32-4-101 — 32-4-109) › Section 32-4-105 - Proof of will - Presumption of suspicious circumstances

(a)
Upon the trial of the issue in case of a written will with witnesses, it shall be proved by all the living witnesses, if to be found, and by such other persons as may be produced to support it.
(b)
Upon the contest of a holographic will, if the holographic will was written within thirty (30) days prior to a testator's death and the testator died by suicide, then there is a presumption of suspicious circumstances and the proponent of the will has the burden of presenting evidence demonstrating that the testator had the capacity to execute the will.
Amended by 2022 Tenn. Acts, ch. 942, s 1, eff. 7/1/2022.
Code 1858, § 2178 (deriv. Acts 1789, ch. 23, § 1); Shan., § 3910; Code 1932, § 8108; T.C.A. (orig. ed.), § 32-406.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 4 - CONTEST (§§ 32-4-101 — 32-4-109) › Section 32-4-106 - Original will lost

If the original will is lost or mislaid so that it cannot be produced on the trial of the issue, but the paper has been copied into the pleadings, or spread upon the minutes of the court, the court may proceed with the trial of the issue in the same manner as if the original were in existence and before it.
Code 1858, § 2179 (deriv. Acts 1851-1852, ch. 77, § 2); Shan., §3911; Code 1932, § 8109; T.C.A. (orig. ed.), § 32-407.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 4 - CONTEST (§§ 32-4-101 — 32-4-109) › Section 32-4-107 - Trial by jury - Certification to probate court

(a)
The issue may be tried by a jury, and their verdict, and the judgment of the court upon the validity of the will shall be certified to the court having probate jurisdiction over the will to be recorded together with the original will, if established.
(b)
If the issue was tried upon a copy of the original will, the copy shall be sent to the court to be recorded, and the certificate, copy, verdict, and judgment shall have the same effect as if the original paper writing were in existence and so certified to the court having probate jurisdiction over the will.
Code 1858, §§ 2180, 2181 (deriv. Acts 1789, ch. 23, § 1; 1835-1836, ch. 5, § 9; 1851-1852, ch. 77, § 2); Shan., §§3912, 3913; Code 1932, §§ 8110, 8111; Acts 1980, ch. 765, §§ 2, 3; T.C.A. (orig. ed.), §§ 32-408, 32-409; Acts 1992, ch. 951, § 9.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 4 - CONTEST (§§ 32-4-101 — 32-4-109) › Section 32-4-108 - Statute of limitations

All actions or proceedings to set aside the probate of any will, or petitions to certify a will for an issue of devisavit vel non, must be brought within two (2) years from entry of the order admitting the will to probate, or be forever barred, saving, however, to persons under the age of eighteen (18) years or adjudicated incompetent, at the time the cause of action accrues, the rights conferred by §
28-1-106
.
Acts 1927, ch. 3, § 1; Code 1932, § 8112; impl. am. Acts 1971, ch. 162, § 2; T.C.A. (orig. ed.), § 32-410; Acts 1985, ch. 228, §§ 1, 2; 1987, ch. 322, §15; 2011 , ch. 47, § 24.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 4 - CONTEST (§§ 32-4-101 — 32-4-109) › Section 32-4-109 - Trials upon validity of wills - Jurisdiction of courts

Any court of record that has probate jurisdiction, whether a chancery court or other court of record established by private or public act, has concurrent jurisdiction with the circuit court to conduct a trial upon the validity of a will, in the manner and to the extent prescribed in this chapter. Notwithstanding law to the contrary, prior to certification of the fact of the contest pursuant to §
32-4-101(a)(2)
, the contestant shall elect, in the notice of contest, either the circuit court or the chancery court, or other court of record having such concurrent jurisdiction, to conduct a trial upon the validity of the will.
Acts 1991, ch. 152, § 2; 2002, ch. 631, § 3.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 5 - ADMINISTRATION UPON FOREIGN WILLS (§§ 32-5-101 — 32-5-110) › Section 32-5-101 - Recording will

A will, duly proved, allowed and admitted to probate outside of this state, may be allowed and recorded in the proper court of any county in this state, in which the testator has left any estate.
Acts 1919, ch. 77, § 1; Shan. Supp., § 3924a11; Code 1932, §8113; T.C.A. (orig. ed.), § 32-501.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 5 - ADMINISTRATION UPON FOREIGN WILLS (§§ 32-5-101 — 32-5-110) › Section 32-5-102 - Executors of other states qualifying - Bond

When there are goods and chattels in this state to be administered under a will of another state, district or territory, the executors, or some one of them, may qualify as executors, and they shall give bond, with surety, as required in cases where the will was made within the limits of this state, and they shall be subject to be proceeded against as in other cases.
Code 1858, § 2189 (deriv. Acts 1823, ch. 31, § 3); Shan., § 3921; Code 1932, § 8122; T.C.A. (orig. ed.), § 32-510.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 5 - ADMINISTRATION UPON FOREIGN WILLS (§§ 32-5-101 — 32-5-110) › Section 32-5-103 - Petition for probate - Hearing - Notice

When a copy of a will of another state, district, or territory and the probate of the will, duly authenticated, is presented by the executor or by any other person interested in the will, with a petition for probate of the will, the will must be filed and probate may be had either in common or in solemn form, and if the latter, then a time must be appointed for a hearing and notice must be given as is required by law on a petition for the original probate of a domestic will in solemn form; provided, however, that a contest of a will of another state, district, or territory upon the issue devisavit vel non shall be allowed as to a devise of realty lying in this state, but as to devises of personalty, the foreign probate of such will shall be conclusive.
Acts 1919, ch. 77, § 2; Shan. Supp., § 3924a12; Code 1932, §8114; Acts 1941, ch. 63, § 1; C. Supp. 1950, § 8114; Acts 1959, ch. 112, § 1; T.C.A. (orig. ed.), § 32-502.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 5 - ADMINISTRATION UPON FOREIGN WILLS (§§ 32-5-101 — 32-5-110) › Section 32-5-104 - Admitting will to probate

If upon the hearing, it appears to the satisfaction of the court that the will has been duly proved, allowed and admitted to probate outside of the state, and that it was executed according to the law of the place in which the will was made, or in which the testator was at the time domiciled, or in conformity with the laws of this state, it must be admitted to probate, which probate shall have the same force and effect as the original probate of a domestic will.
Acts 1919, ch. 77, § 3; Shan. Supp., § 3924a13; Code 1932, §8115; T.C.A. (orig. ed.), § 32-503.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 5 - ADMINISTRATION UPON FOREIGN WILLS (§§ 32-5-101 — 32-5-110) › Section 32-5-105 - Unprobated will from state or country not requiring probate

(a)
When a duly authenticated copy of a will from any state or country, where probate is not required by the laws of that state or country, with a duly authenticated certificate of the legal custodian of the original will that the copy is a true copy, and that the will has become operative by the laws of that state or country, and when a copy of a notarial will in possession of a notary in a foreign state or country entitled to the custody of the will, the laws of which state or country require that the will remain in the custody of the notary, duly authenticated by the notary, is presented by the executor or other persons interested to the proper court in this state, that court shall appoint a time and place of hearing and notice of the hearing shall be given as in case of an original will presented for probate.
(b)
If it appears to the court that the instrument ought to be allowed in this state, as the last will and testament of the deceased, the copy shall be filed and recorded, and the will shall have the same effect as if originally proved and allowed in the court.
Acts 1919, ch. 77, § 4; Shan. Supp., §§ 3924a14, 3924a15; Code 1932, §§ 8116, 8117; T.C.A. (orig. ed.), §§ 32-504, 32-505.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 5 - ADMINISTRATION UPON FOREIGN WILLS (§§ 32-5-101 — 32-5-110) › Section 32-5-106 - Contest

Any person interested to contest the validity of a will of another country, state, district, or territory as to realty may do so in the same manner and time limit as though it had been originally presented for probate in that court.
Code 1858, § 2190 (deriv. Acts 1823, ch. 31, § 3); Shan., §3922; mod. Code 1932, § 8118; T.C.A. (orig. ed.), § 32-506.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 5 - ADMINISTRATION UPON FOREIGN WILLS (§§ 32-5-101 — 32-5-110) › Section 32-5-107 - Authentication

Any copy of a will from another state, District of Columbia or territory shall be authenticated in the manner prescribed by
28 U.S.C. §§ 1738
and
1739
.
Code 1858, § 2186 (deriv. Acts 1843-1844, ch. 187, § 1); Shan., §3918; mod. Code 1932, § 8119; modified; impl. am. Acts 1972, ch. 565, § 1; T.C.A. (orig. ed.), § 32-507.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 5 - ADMINISTRATION UPON FOREIGN WILLS (§§ 32-5-101 — 32-5-110) › Section 32-5-108 - Copy of will as evidence

A copy of a will from another state, District of Columbia or territory, as recorded, certified by the clerk of the court in this state where copy is recorded, shall be evidence.
Code 1858, § 2188 (deriv. Acts 1823, ch. 31, § 2; 1843-1844, ch. 187, §1); Shan., § 3920; mod. Code 1932, § 8120; T.C.A. (orig. ed.), § 32-508.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 5 - ADMINISTRATION UPON FOREIGN WILLS (§§ 32-5-101 — 32-5-110) › Section 32-5-109 - Registration of will as muniment of title

A copy of a will, foreign or domestic, certified by the clerk, may be registered in the county where the land lies as a muniment of title, and a copy from the books of the register, duly certified by the register, shall be evidence.
Code 1858, § 2183 (deriv. Acts 1823, ch. 31, § 2); Shan., §3915; mod. Code 1932, § 8121; T.C.A. (orig. ed.), § 32-509.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 5 - ADMINISTRATION UPON FOREIGN WILLS (§§ 32-5-101 — 32-5-110) › Section 32-5-110 - Foreign unprobated wills

(a)
Where a foreign will has not been probated in another jurisdiction, any person interested may apply for its probate before the probate court of the county in this state in which the real estate or any part of the real estate is located.
(b)
To that end the interested person shall present a petition to the probate court, setting forth the death of the foreign testator, the decedent's ownership of lands in the county, and the fact of the decedent's testacy, whereupon the court shall authorize the taking of such proof as may be necessary to prove the will in accordance with the laws of this state.
(c)
(1)
Depositions may be taken either upon interrogatories filed in the court for ten (10) days, or by oral examination at a time and place designated by the court.
(2)
No notice shall be required of the taking of the depositions, save any resulting from the making of the order for the depositions by the court.
(3)
When the depositions are taken by oral examination, the time that elapses between the making of the order for the depositions and the taking of the depositions shall not be less than the time prescribed for notice for taking depositions under the general laws.
(d)
Should it not be possible to exhibit to the depositions and produce before the probate court the original will, a copy of the will may be so used, the necessary witnesses proving that it is a true copy of the original.
(e)
On being admitted to probate, the probate shall have the same force and effect as to real estate as the probate in this state of wills of residents of this state have as to lands devised by them, but nothing in this section is to prevent the proving of foreign wills as at common law and without probate.
(f)
The will shall, as to real estate, be to the same extent and in the same manner as domestic wills subject to contest in the state, and certified copies of the record in the probate court shall be available as evidence as are copies of domestic wills and probate of domestic wills; provided, however, that nothing in this section shall apply to wills dated more than fifty-five (55) years prior to the enactment of this Code.
Acts 1909, ch. 87, §§ 3, 4; Shan., §§3924a5-3924a10; mod. Code 1932, §§ 8123 -- 8128; T.C.A. (orig. ed.), §§ 32-511 -- 32-516.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Right to Natural Death Act."
Acts 1985, ch. 355, § 1.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-102 - Legislative intent

(a)
The general assembly declares it to be the law of the state that every person has the fundamental and inherent right to die naturally with as much dignity as circumstances permit and to accept, refuse, withdraw from, or otherwise control decisions relating to the rendering of the person's own medical care, specifically including palliative care and the use of extraordinary procedures and treatment. The general assembly further declares that it is in the public interest to facilitate recovery of organs and/or tissues for transplantation and to provide mechanisms for individuals to express their desire to donate their organs and/or tissues.
(b)
The general assembly does further empower the exercise of this right by written declaration, called a "living will," as provided in this chapter.
Acts 1985, ch. 355, § 2; 1991, ch. 344, § 5.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Competent person" means an individual who is able to understand and appreciate the nature and consequences of a decision to accept or refuse treatment;
(2)
"Declarant" means an individual who declares a living will under this chapter;
(3)
"Health care provider," "health care facility" or "health facility" means a person, facility or institution licensed or authorized to provide health or medical care;
(4)
"Living will" means a written declaration, pursuant to this chapter, stating declarant's desires for medical care or noncare, including palliative care, and other related matters such as organ donation and body disposal;
(5)
"Medical care" includes any procedure or treatment rendered by a physician or health care provider designed to diagnose, assess or treat a disease, illness or injury. These include, but are not limited to: surgery; drugs; transfusions; mechanical ventilation; dialysis; cardiopulmonary resuscitation; artificial or forced feeding of nourishment, hydration or other basic nutrients, regardless of the method used; radiation therapy; or any other medical act designed for diagnosis, assessment or treatment or to sustain, restore or supplant vital body function. This part shall not be interpreted to allow the withholding or withdrawal of simple nourishment or fluids so as to condone death by starvation or dehydration unless the instrument that creates a living will or durable power of attorney for health care includes the following or substantially the following: "I authorize the withholding or withdrawal of artificially provided food, water or other nourishment or fluids";
(6)
"Organ donation" means a procedure to recover vascular organs following a declaration of death pursuant to §
68-3-501(b)(2)
, but prior to removal from artificial support systems;
(7)
"Palliative care" includes any measure taken by a physician or health care provider designed primarily to maintain the patient's comfort. These also include, but are not limited to, sedatives and pain-killing drugs, nonartificial oral feeding, suction, hydration and hygienic care;
(8)
"Physician" means any person licensed or permitted to practice medical care under title 63, chapters 6 and 9;
(9)
"Terminal condition" means any disease, illness, injury or condition, including, but not limited to, a coma or persistent vegetative state, sustained by any human being, from which there is no reasonable medical expectation of recovery and that, as a medical probability, will result in the death of the human being, regardless of the use or discontinuance of medical treatment implemented for the purpose of sustaining life, or the life processes; and
(10)
"Tissue donation" means a procedure to recover tissue following a declaration of death pursuant to §
68-3-501(b)(1)
, and following removal from artificial support systems.
Acts 1985, ch. 355, § 3; 1991, ch. 167, § 1; 1991, ch. 344, §§1-4; 1992, ch. 951, § 10.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-104 - Execution of declaration

(a)
Any competent adult person may execute a declaration directing the withholding or withdrawal of medical care to the person, to become effective on loss of competency. The declaration must be in writing and signed by the principal. The declaration is valid if the principal's signature is either attested by a notary public with no witnesses or witnessed by two (2) witnesses without attestation by a notary public. A witness is 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 under any will or codicil made by the principal existing at the time of execution of the declaration or by operation of law then existing. The declaration shall contain an attestation clause that attests to the witnesses' compliance with the requirements of this subsection (a). The declaration shall be substantially in the form established in §
32-11-105
. It is the intent of the general assembly that this subsection (a) have retroactive application.
(b)
It is the responsibility of the declarant or someone acting on the declarant's behalf to deliver a copy of the living will or declaration to the attending physician and/or other concerned health care provider. An attending physician who is so notified shall make the declaration, or a copy of it, part of the declarant's medical record.
Acts 1985, ch. 355, §4; 2007 , ch. 8, § 4.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-106 - Revocation of declaration

A declaration may be revoked at any time by the declarant, without regard to the declarant's mental state or competency, by any of the following methods, effectively communicated by the declarant to the attending physician or other concerned health care provider:
(1)
Written revocation by the declarant, dated and signed by the declarant;
(2)
By oral statement or revocation made by the declarant to the attending physician. This revocation shall be made a part of the declarant's medical record by the attending physician.
Acts 1985, ch. 355, § 6; 1991, ch. 344, § 13.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-107 - Effective date of declaration - Subsequent declarations - Incapacitated declarants

A declaration shall be effective from the date of its execution until revoked in a manner prescribed by this chapter. Nothing in this chapter shall be construed to prevent a declarant from reexecuting a declaration at any time in accordance with the formalities of this chapter, including reexecution after a diagnosis of a terminal condition. If the declarant has executed more than one (1) declaration, then the latest declaration known to the attending physician shall take precedence. If the declarant becomes comatose or if the declarant's condition renders the declarant incapable of communicating with the attending physician, the declaration shall remain in effect during the comatose condition or until the declarant's condition renders the declarant able to communicate with the attending physician.
Acts 1985, ch. 355, § 7.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-108 - Compliance with declaration - Failure to comply - Liability and penalties

(a)
Any physician or other individual health care provider who cannot in good conscience comply with the provisions of such a living will, on being informed of the declaration, shall so inform the declarant, or if the declarant is not competent, the declarant's next of kin or a legal guardian, and at their option make every reasonable effort to assist in the transfer of the patient to another physician who will comply with the declaration. Any health care provider who fails to make good faith reasonable efforts to comply with the preceding procedure as prescribed by the attending physician shall be civilly liable and subject to professional disciplinary action, including revocation or suspension of license. The health care provider shall not be subject to civil liability for medical care provided during the interim period until transfer is effectuated.
(b)
A physician or other health care provider who, by no fault of such physician as health care provider, has not received notice of a declaration, revocation, or other change shall not suffer civil, administrative, or criminal penalties under this chapter.
Acts 1985, ch. 355, § 8.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-109 - Willful misconduct - Penalty

Any person who willfully conceals, cancels, defaces, obliterates or damages the declaration or revocation of another without the declarant's consent, or who falsifies or forges the declaration or revocation of another shall be civilly liable and subject to criminal prosecution for a Class C misdemeanor, and if a provider, subject to administrative and professional discipline.
Acts 1985, ch. 355, § 9; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-110 - Construction and effect of chapter - Signatures - Severability - Liability for complying with chapter

(a)
The withholding or withdrawal of medical care from a declarant in accordance with this chapter shall not, for any purpose, constitute a suicide, euthanasia or homicide.
(b)
The making of a declaration pursuant to §
32-11-104
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 withholding or withdrawal of medical care from an insured declarant.
(c)
No physician, health care facility or other health care provider, and no health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital plan, shall require any person to execute a declaration as a condition for being insured for, or receiving, health care services.
(d)
Nothing in this chapter shall impair or supersede any legal right or legal responsibility that any person may have to effect the withholding or withdrawal of medical care in any lawful manner. In this respect, the provisions of this chapter are cumulative.
(e)
This chapter shall create no presumption concerning the intention of an individual who has not executed a declaration to consent to the use, withholding or withdrawal of medical care.
(f)
A competent declarant, unable to sign the declaration, may make a signature as provided in §
1-3-105
.
(g)
If any provision of this chapter or the application of any provision of this chapter to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(h)
No physician or health facility that, acting in accordance with the requirements of this chapter, causes the withholding or withdrawal of medical care from a patient, shall be subject to civil liability therefrom. No health care provider, acting under the direction of a physician, who participates in the withholding or withdrawal of medical care in accordance with this chapter shall be subject to any civil liability. No physician, or health care provider acting under the direction of a physician, who participates in the withholding or withdrawal of medical care in accordance with this chapter shall be guilty of any criminal act or of unprofessional conduct.
(i)
No physician or health care provider shall be subject to civil or criminal liability or considered guilty of unprofessional conduct as a result of actions under this chapter that are in accord with reasonable medical standards or as a result of another physician's or health care provider's actions or failure to act in accordance with this chapter.
Acts 1985, ch. 355, § 10; 1991, ch. 344, § 7.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-111 - Living wills executed outside Tennessee - When effective

A living will 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 living will is in compliance with either this chapter or the laws of the state of the declarant's residence.
Acts 1991, ch. 344, § 8.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-112 - Living wills executed before July 1, 1991 - When effective

A living will executed before July 1, 1991, shall be effective if it was executed in compliance with this chapter as in effect on the date that living will was executed, notwithstanding that the living will does not comply with revisions to this chapter since that date.
Acts 1991, ch. 344, § 8.
2023 Tennessee Code › Title 32 - WILLS (§§ 32-1-101 — 32-11-113) › Chapter 11 - LIVING WILLS (§§ 32-11-101 — 32-11-113) › Section 32-11-113 - Effect and interpretation of living wills

(a)
A living will entered into before July 1, 2004, under this chapter shall be given effect and interpreted in accord with this chapter.
(b)
A living will entered into on or after July 1, 2004, that evidences an intent that it is entered into under this chapter shall be given effect and interpreted in accord with this chapter.
(c)
A living will entered into on or after July 1, 2004, that does not evidence an intent that it is entered into under this chapter may, if it complies with the Tennessee Health Care Decisions Act, compiled in title 68, chapter 11, part 18, be given effect as an individual instruction under that act.
Acts 2004, ch. 862, § 4.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 2 - POLICIES, VALUES, AND PRINCIPLES (§§ 33-1-201 — 33-1-204) › Section 33-1-201 - Responsibilities of department - State policy toward mental health and developmental disabilities

The department serves as the state's mental health authority and is responsible for system planning, setting policy and quality standards, system monitoring and evaluation, disseminating public information and advocacy for persons of all ages who have mental illness or serious emotional disturbance. It is the policy of the state to plan on the basis of and to promote the use of private and public service providers, without regard for funding source, to achieve outcomes and accomplishments that create opportunities for service recipients and potential service recipients to have the greatest possible control of their lives in the least restrictive environment that is appropriate for each person. The department shall plan for and promote the availability of a comprehensive array of high quality prevention, early intervention, treatment, and habilitation services and supports based on the needs and choices of service recipients and families served. The department shall include service recipients and members of service recipients' families in planning, developing, and monitoring the service systems.
Amended by 2024 Tenn. Acts, ch. 688,s 13, eff. 7/1/2024.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 2 - POLICIES, VALUES, AND PRINCIPLES (§§ 33-1-201 — 33-1-204) › Section 33-1-202 - Statement of values underlying title

Values upon which the law is predicated include, but are not limited to, individual rights, promotion of self-determination, respect, optimal health and safety, service recipient inclusion in the community, and service recipient life and service in typical community settings.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 2 - POLICIES, VALUES, AND PRINCIPLES (§§ 33-1-201 — 33-1-204) › Section 33-1-203 - Principles of service

The following service principles are fundamental to carrying out the department's responsibilities:
(1)
Stable service systems that provide flexibility, advocacy, effective communication, targeted outcomes, continuous evaluation, and improvement based on best practice and research;
(2)
Early identification of needs and the inclusion of both prevention and early intervention services and supports;
(3)
Timely response to the needs, rights and desires of those served;
(4)
Treating service recipients and families with dignity and respect;
(5)
Protection of service recipients from abuse, neglect, and exploitation;
(6)
Accurate and responsible accountability for the use of public resources;
(7)
Ongoing education and skills development of the workforce; and
(8)
Cultural competence of persons providing service.
Acts 2000, ch. 947, § 1.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 2 - POLICIES, VALUES, AND PRINCIPLES (§§ 33-1-201 — 33-1-204) › Section 33-1-204 - Unnecessary entitlements not created - Programs subject to funding by general assembly

(a)
This title shall not create entitlement to services and supports from the state except to the extent that services and supports are necessarily attached to deprivation of liberty by placement in facilities operated by the department. Implementation of any service or support at state expense under this title is subject to the availability of funds appropriated for that purpose in the general appropriations act.
(b)
[Deleted by 2024 amendment]
Amended by 2024 Tenn. Acts, ch. 688,s 14, eff. 7/1/2024.
Acts 2000, ch. 947, § 1; 2010 , ch. 1100, § 28.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-301 - Powers of department - Contracts - Property and monetary grants - Pilot programs

(a)
The department is empowered to enter into contractual agreements in furtherance of its functions.
(b)
The department may accept grants and gifts of funds and other property of whatever kind from any source, administer the same according to the terms of the grants or gifts, and enter cooperative programs with private and public instrumentalities, including the federal government, to improve mental health services and supports in the state.
(c)
The department may enter into contracts with other states, or political subdivisions, or corporations chartered in other states, for the purpose of providing preventive and treatment services and supports for service recipients by establishing or supporting various facilities in cooperation with the political or corporate bodies.
(d)
The department may establish or review pilot projects, including, but not limited to, projects to provide, develop, or plan service and support for its service recipients or their families through direct administration or through contracting with service providers. Pilot projects are subject to other state and federal laws.
(e)
The department of finance and administration shall furnish to the department sufficient space for the department to carry out the department's duties efficiently.
Amended by 2024 Tenn. Acts, ch. 688,s 15, eff. 7/1/2024.
Acts 1965, ch. 82, § 1; 1974, ch. 802, § 3; 1975, ch. 248, § 1; T.C.A., §§ 33-101, 33-1-201; Acts 2000, ch. 947, §§ 1, 6; 2010 , ch. 1100, § 24.
2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 1 - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-402) › Part 3 - GENERAL POWERS AND DUTIES OF DEPARTMENT (§§ 33-1-301 — 33-1-312) › Section 33-1-302 - Other powers of department - Power to make grants and contracts - Cooperative programs - Rulemaking - Operation of facilities

(a)
The department may:
(1)
Make grants and contracts under terms and conditions that the commissioner prescribes to any county, city, or profit or nonprofit corporation or any combination of them for the construction, maintenance or operation of facilities, programs, or an array of high quality prevention, early intervention, treatment, and habilitation services and supports for service recipients and their families;
(2)
Enter into cooperative programs for the construction, maintenance or operation of facilities, programs or services to provide care, habilitation and treatment for service recipients;
(3)
Make and enforce rules that are necessary for the efficient financial management and lawful operation of the facilities, programs or services;
(4)
Construct, maintain and operate the facilities, programs or services; and
(5)
With the approval of the commissioner of finance and administration and the comptroller of the treasury, establish or cause to be established revolving loan fund programs to assist recipients of publicly funded services under this title to acquire or maintain affordable housing.
(b)
(1)
Each governing body of the facility, program, or service shall have an annual audit made of its accounts and records. The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards and determining if the audits meet minimum audit standards that shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this subsection (b) until the audit has been approved by the comptroller of the treasury. The audits may be prepared by the department of audit, or with the prior written approval of the comptroller, by a licensed independent public accountant.
(2)
All audits performed by the internal audit staff of the facility, program, or service shall be conducted in conformity with the standards established by the comptroller of the treasury under §
4-3-304(9)
.
Acts 1965, ch. 82, § 2; 1975, ch. 248, § 1; T.C.A., § 33-102; Acts 1984, ch. 794, § 11; 1986, ch. 570, § 1; 1987, ch. 98, § 1; 1988, ch. 623, § 1; T.C.A., §
33-1-202
; Acts 2000, ch. 947, §§ 1, 6.