reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-206 - [As Amended by Amended by 2024Tenn. Acts, ch.831] [Effective 7/1/2024] Access to medical records and information

(a)
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.
(b)
Notwithstanding another law to the contrary, a health care provider shall provide to the attorney in fact a copy of the principal's medical records within ten (10) working days of receipt of a written request by the attorney in fact or principal. The health care provider may provide a summary of the principal's medical records, at the option of the health care provider, but the provision of a summary does not satisfy the attorney in fact's or principal's right to receive, or serve as a substitute for, a full medical record under this subsection (b).
Amended by 2024 Tenn. Acts, ch. 831,s 1, eff. 7/1/2024.
Acts 1990, ch. 831, § 6.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-207 - Revocation

(a)
The principal may, after executing a durable power of attorney for health care, do any of the following:
(1)
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
(2)
Revoke the authority granted to the attorney in fact to make health care decisions by notifying the health care provider orally or in writing.
(b)
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.
(c)
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.
(d)
Unless it provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health care.
(e)
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.
(f)
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.
(g)
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.
Acts 1990, ch. 831, § 7.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-208 - Liability of health care provider

(a)
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:
(1)
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
(2)
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.
(b)
Nothing in this part authorizes a health care provider to do anything illegal.
(c)
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.
Acts 1990, ch. 831, § 8.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-209 - Emergency care

This part does not affect the law governing health care treatment in an emergency.
Acts 1990, ch. 831, § 9.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 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
.
Acts 1990, ch. 831, § 10.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 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.
Acts 1990, ch. 831, § 11.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-212 - Applicability of Section 32-11-110 (a)

Section
32-11-110(a)
shall apply to this part.
Acts 1990, ch. 831, § 12.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 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.
Acts 1990, ch. 831, § 12.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 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.
Acts 1990, ch. 831, § 13.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 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.
Acts 1991, ch. 344, § 12.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 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.
Acts 1995, ch. 317, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 34-6-217 - Effect and interpretation of durable powers of attorney

(a)
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.
(b)
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.
(c)
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.
Acts 2004, ch. 862, § 5.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 2 - DURABLE POWER OF ATTORNEY FOR HEALTH CARE (§§ 34-6-201 — 34-6-218) › Section 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.
Acts 2004, ch. 866, § 5.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 3 - POWER OF ATTORNEY FOR CARE OF A MINOR CHILD ACT (§§ 34-6-301 — 34-6-310) › Section 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."
Acts 2003, ch. 71, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 3 - POWER OF ATTORNEY FOR CARE OF A MINOR CHILD ACT (§§ 34-6-301 — 34-6-310) › Section 34-6-302 - Delegation of authority - "Parent" defined

(a)
(1)
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:
(A)
The serious illness or incarceration of a parent or legal guardian;
(B)
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
(C)
The loss or uninhabitability of the child's home as the result of a natural disaster.
(2)
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.
(b)
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.
(c)
For purposes of this part the term "parent" includes a legal guardian or legal custodian of the minor child.
Amended by 2014 Tenn. Acts, ch. 696,s 1, eff. 7/1/2014.
Acts 2003, ch. 71, § 1; 2004, ch. 521, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 3 - POWER OF ATTORNEY FOR CARE OF A MINOR CHILD ACT (§§ 34-6-301 — 34-6-310) › Section 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
.
Acts 2003, ch. 71, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 3 - POWER OF ATTORNEY FOR CARE OF A MINOR CHILD ACT (§§ 34-6-301 — 34-6-310) › Section 34-6-304 - Authority of caregiver - Enrollment in local education agency - Restitution to school district for fraudulent enrollment

(a)
(1)
Through the power of attorney for care of a minor child, the parent may authorize the caregiver to perform the following functions without limitation:
(A)
Enroll the child in school and extracurricular activities;
(B)
Obtain medical, dental and mental health treatment for the child; and
(C)
Provide for the child's food, lodging, housing, recreation and travel.
(2)
Nothing contained in this section shall be construed to limit the power of the parent to grant additional powers to the caregiver.
(b)
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.
(c)
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.
Acts 2003, ch. 71, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 3 - POWER OF ATTORNEY FOR CARE OF A MINOR CHILD ACT (§§ 34-6-301 — 34-6-310) › Section 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.
Acts 2003, ch. 71, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 3 - POWER OF ATTORNEY FOR CARE OF A MINOR CHILD ACT (§§ 34-6-301 — 34-6-310) › Section 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.
Acts 2003, ch. 71, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 3 - POWER OF ATTORNEY FOR CARE OF A MINOR CHILD ACT (§§ 34-6-301 — 34-6-310) › Section 34-6-307 - Contravening decision by parent

The decision of a caregiver to consent to or to refuse medical, dental, or mental health care for a minor child shall be superseded by any contravening decision of the parent having legal custody of the minor child; provided, however, that the decision of the parent does not jeopardize the life, health, or safety of the minor child. If at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any healthcare decisions for the minor child, then the parent must revoke the power of attorney for care of a minor child and provide the health care provider written documentation of the revocation.
Acts 2003, ch. 71, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 3 - POWER OF ATTORNEY FOR CARE OF A MINOR CHILD ACT (§§ 34-6-301 — 34-6-310) › Section 34-6-308 - Liability for reliance on power of attorney

No person, school official, or health care provider who acts in good faith reliance on a power of attorney for care of a minor child to enroll the child in school or to provide medical, dental, or mental health care, without actual knowledge of facts contrary to those authorized, is subject to criminal liability or to civil liability to any person, or is subject to professional disciplinary action, for that reliance. This section shall apply even if medical, dental, or mental health care is provided to a minor child or the child is enrolled in a school in contravention of the wishes of the parent with legal custody of the minor child, as long as the person, school official, or health care provider has been provided a copy of an appropriately executed power of attorney for care of a minor child, and has not been provided written documentation that the parent has revoked the power of attorney for care of a minor child.
Acts 2003, ch. 71, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 3 - POWER OF ATTORNEY FOR CARE OF A MINOR CHILD ACT (§§ 34-6-301 — 34-6-310) › Section 34-6-309 - Residence change

If the minor child ceases to reside with the caregiver, then the caregiver shall notify any person, school, or health care provider that has been provided the power of attorney for care of a minor child.
Acts 2003, ch. 71, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 3 - POWER OF ATTORNEY FOR CARE OF A MINOR CHILD ACT (§§ 34-6-301 — 34-6-310) › Section 34-6-310 - No obligation to inquire or investigate

A person who relies on the power of attorney for care of a minor child has no obligation to make any further inquiry or investigation. Nothing in this part shall relieve any individual from liability for violations of other provisions of law.
Acts 2003, ch. 71, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 4 - HEALTH CARE DECISIONS FOR AN UNEMANCIPATED MINOR (§§ 34-6-401 — 34-6-406) › Section 34-6-401 - Part definitions

As used in this part:
(1)
"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;
(2)
"Health care decisions" has the same meaning as defined in §
68-11-1802
of the Tennessee Health Care Decisions Act;
(3)
"Health care institution" has the same meaning as defined in §
68-11-1802
of the Tennessee Health Care Decisions Act;
(4)
"Health care provider" has the same meaning as defined in §
68-11-1802
of the Tennessee Health Care Decisions Act;
(5)
"In loco parentis" means "in the place of a parent" and refers to the legal responsibility taken by a person or organization to assume some of the functions and responsibilities of a parent or legal guardian; and
(6)
"Reasonably available" has the same meaning as defined in §
68-11-1802
of the Tennessee Health Care Decisions Act.
Added by 2014 Tenn. Acts, ch. 696,s 2, eff. 7/1/2014.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 4 - HEALTH CARE DECISIONS FOR AN UNEMANCIPATED MINOR (§§ 34-6-401 — 34-6-406) › Section 34-6-402 - Health care decisions for unemancipated minors - From whom obtained - Persons standing in loco parentis - Affidavit

(a)
(1)
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 power of attorney for the care of such minor child.
(2)
(A)
When an individual listed in subdivision (a)(1) is not reasonably available, the following persons may stand in loco parentis for purposes of making health care decisions for an unemancipated minor in order of priority:
(i)
Noncustodial parent;
(ii)
Grandparent;
(iii)
Adult sibling;
(iv)
Stepparent; or
(v)
Another adult family member.
(B)
The treating health care provider, an employee of the treating health care provider, an operator or employee of a health care institution, and an employee of an operator of a health care institution shall not stand in loco parentis.
(C)
A person standing in loco parentis shall sign an in loco parentis affidavit under penalty of perjury stating that the person has taken responsibility for the health care of the minor child.
(D)
The affidavit shall expire sixty (60) days from the date of execution, and may be extended an additional sixty (60) days.
(b)
The decision of a person standing in loco parentis to make health care decisions for an unemancipated minor shall be superseded by a prior or subsequent, timely given, contravening decision of the minor's custodial parent, legal custodian, or legal guardian.
Acts 2014, ch. 696, § 2.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 4 - HEALTH CARE DECISIONS FOR AN UNEMANCIPATED MINOR (§§ 34-6-401 — 34-6-406) › Section 34-6-403 - Scope of power of person standing in loco parentis to make health care decisions - Limitations

(a)
(1)
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 person acting in loco parentis from exercising that power. A person shall not stand in loco parentis or make health care decisions for an unemancipated minor if there is an order by any court in effect from any jurisdiction that would prohibit the person from doing so, including an order of protection, custody order, or parenting plan, or in the circumstances described in §
33-3-111
.
(2)
A person standing in loco parentis may make health care decisions for a person who is an unemancipated minor to undergo or receive health care which are not prohibited by law and which are under the supervision of and suggested, recommended, prescribed, or directed by a health care provider licensed to practice in this state.
(3)
A person standing in loco parentis may also exercise existing parental rights to obtain medical records and information.
(b)
Notwithstanding any other provision of this part, a person standing in loco parentis may not consent on behalf of an unemancipated minor to:
(1)
Withholding or withdrawing life sustaining procedures;
(2)
Abortion;
(3)
Sterilization;
(4)
Psychosurgery;
(5)
Admission to a mental health facility for a period longer than the durational limits permitted in §
33-3-606
; or
(6)
Mental health treatment for a minor sixteen (16) years of age or older, pursuant to §
33-8-202
.
Acts 2014, ch. 696, § 2.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 4 - HEALTH CARE DECISIONS FOR AN UNEMANCIPATED MINOR (§§ 34-6-401 — 34-6-406) › Section 34-6-404 - Effect of in loco parentis standing

In loco parentis standing:
(1)
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;
(2)
Does not affect the rights of an unemancipated minor to make health care decisions in accordance with existing law; and
(3)
Does not grant legal custody of the minor or authority to consent to the marriage or adoption of the minor.
Acts 2014, ch. 696, § 2.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 4 - HEALTH CARE DECISIONS FOR AN UNEMANCIPATED MINOR (§§ 34-6-401 — 34-6-406) › Section 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.
Acts 2014, ch. 696, § 2.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 6 - POWER OF ATTORNEY (§§ 34-6-101 — 34-6-406) › Part 4 - HEALTH CARE DECISIONS FOR AN UNEMANCIPATED MINOR (§§ 34-6-401 — 34-6-406) › Section 34-6-406 - Immunity from liability for health care providers relying on authorization affidavit - Authorization affidavit does not confer dependency

(a)
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 treating an unemancipated minor without legal consent if a reasonable health care provider would have relied on the written instrument under the same or similar circumstances. Nothing in this part requires a physician, dentist, mental health professional, or other health care provider to rely on a written instrument or to accept health care decisions from a person standing in loco parentis.
(b)
An authorization affidavit does not confer dependency for health care coverage or insurance purposes.
Acts 2014, ch. 696, § 2.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 7 - PUBLIC GUARDIANSHIP FOR THE ELDERLY (§§ 34-7-101 — 34-7-105) › Section 34-7-101 - Short title

This chapter shall be known and may be cited as the "Public Guardianship for the Elderly Law."
Acts 1986, ch. 895, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 7 - PUBLIC GUARDIANSHIP FOR THE ELDERLY (§§ 34-7-101 — 34-7-105) › Section 34-7-102 - Legislative intent - Construction

(a)
The general assembly recognizes that many elderly persons in the state are unable to meet essential requirements for their physical health or to manage essential aspects of their financial resources. The general assembly finds that private conservatorship is inadequate where there are no willing and responsible family members or friends to serve as conservator and where the disabled person does not have adequate resources for the compensation of a private conservator, or to pay legal and court costs. The general assembly intends through this chapter to establish a statewide public conservatorship program to aid disabled persons who are sixty (60) years of age or older who have no family member or friend who is willing and able to serve as conservator.
(b)
The general assembly intends to promote the general welfare by establishing a public guardianship system that permits the disabled elderly to determinatively participate as fully as possible in all decisions that affect them, that assists such persons to regain or develop their capacities to the maximum extent possible, and that accomplishes such objectives through the use of the least intrusive alternatives. This chapter shall be liberally construed to accomplish these purposes. It is the intent of the general assembly that nothing contained in this chapter will affect the powers of the court under chapters 1, 2 and 3 of this title, nor create additional powers not contained in chapters 1, 2 and 3 of this title. The district public guardian shall not serve in more than one (1) capacity in any one (1) proceeding under chapters 1, 2 and 3 of this title.
Acts 1986, ch. 895, § 2; 1994, ch. 679, §§ 1, 2.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 7 - PUBLIC GUARDIANSHIP FOR THE ELDERLY (§§ 34-7-101 — 34-7-105) › Section 34-7-103 - Creation and administration of statewide program

A statewide program to provide guardianship for the elderly is created and will be administered by the department of disability and aging, which shall adopt policies and may promulgate rules to govern the operation of district public guardians within each development district, and implement the law. The department shall provide a coordinator to monitor program development and operation, and shall contract with the grantee agencies in each of the nine (9) development districts which are the planning and service areas designated by the department. Each grantee agency in the nine (9) development districts shall hire staff to serve as district public guardian in the planning and service area.
Amended by 2024 Tenn. Acts, ch. 688,s 117, eff. 7/1/2024.
Acts 1986, ch. 895, § 3; 1987, ch. 333, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 7 - PUBLIC GUARDIANSHIP FOR THE ELDERLY (§§ 34-7-101 — 34-7-105) › Section 34-7-105 - Costs of public guardianship

Costs of public guardianship for the elderly will be met by annual appropriation to the department of disability and aging.
Amended by 2024 Tenn. Acts, ch. 688,s 119, eff. 7/1/2024.
Acts 1986, ch. 895, § 5.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 8 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 34-8-101 — 34-8-503) › Part 1 - GENERAL PROVISIONS (§§ 34-8-101 — 34-8-106) › Section 34-8-101 - Short title

This chapter shall be known and may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act."
Acts 2010, ch. 817, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 8 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 34-8-101 — 34-8-503) › Part 1 - GENERAL PROVISIONS (§§ 34-8-101 — 34-8-106) › Section 34-8-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires, the terms shall have the same meaning as those defined in §
34-1-101
.
Acts 2010, ch. 817, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 8 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 34-8-101 — 34-8-503) › Part 1 - GENERAL PROVISIONS (§§ 34-8-101 — 34-8-106) › Section 34-8-103 - International application of chapter

A court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter.
Acts 2010, ch. 817, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 8 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 34-8-101 — 34-8-503) › Part 1 - GENERAL PROVISIONS (§§ 34-8-101 — 34-8-106) › Section 34-8-104 - Communication between courts

(a)
A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b)
Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
Acts 2010, ch. 817, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 8 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 34-8-101 — 34-8-503) › Part 1 - GENERAL PROVISIONS (§§ 34-8-101 — 34-8-106) › Section 34-8-105 - Cooperation between courts

(a)
In a conservatorship or guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(1)
Hold an evidentiary hearing;
(2)
Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3)
Order that an evaluation or assessment be made of the respondent;
(4)
Order any appropriate investigation of a person involved in a proceeding;
(5)
Forward to the court of this state a certified copy of the transcript or other record of a hearing under subdivision (a)(1) or any other proceeding, any evidence otherwise produced under subdivision (a)(2), and any evaluation or assessment prepared in compliance with an order under subdivision (a)(3) or (a)(4);
(6)
Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;
(7)
Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in
45 CFR 164.504
, as amended.
(b)
If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
Acts 2010, ch. 817, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 8 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 34-8-101 — 34-8-503) › Part 1 - GENERAL PROVISIONS (§§ 34-8-101 — 34-8-106) › Section 34-8-106 - Taking testimony in another state

(a)
In a conservatorship or guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b)
In a conservatorship or guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c)
Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
Acts 2010, ch. 817, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 8 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 34-8-101 — 34-8-503) › Part 2 - JURISDICTION (§§ 34-8-201 — 34-8-209) › Section 34-8-201 - Part definitions - Significant connection factors

(a)
In this part:
(1)
"Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a conservator or guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;
(2)
"Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition; and
(3)
"Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b)
In determining under §§
34-8-203
and
34-8-301(e)
whether a respondent has a significant connection with a particular state, the court shall consider:
(1)
The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2)
The length of time the respondent at any time was physically present in the state and the duration of any absence;
(3)
The location of the respondent's property; and
(4)
The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
Acts 2010, ch. 817, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 8 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 34-8-101 — 34-8-503) › Part 2 - JURISDICTION (§§ 34-8-201 — 34-8-209) › Section 34-8-202 - Exclusive basis

It is the intent of this part to supplement any provisions of the Tennessee Adult Protection Act (the Act), compiled in title 71, chapter 6, part 1, to provide a basis for determining jurisdiction between this state and other states or foreign countries in any cases involving the protection of an adult by the courts of different states or countries. Notwithstanding the appointment of a guardian or conservator under this part, or under this title or any other provision of law, nothing in this title shall supersede the provisions of the Act, providing for the protection of vulnerable adults in need of protective services as defined in the Act, the authority of the department of human services under the Act to investigate cases of an adult who may be in need of protective services and to provide such services, or the jurisdiction of the court under the Act to order the provision of protective services or the establishment of a temporary guardian appointed by the court to secure and disburse the adult's property to fund such services. The court's orders under the Act shall supersede and suspend any orders entered under this title or any other law that addresses the protection, custody, including emergency temporary custody, of the adult or the disposition of property necessary to fund protective services for the adult under the Act; provided, however, that the ultimate determination of the jurisdiction of this state or another state or foreign country to enter orders for the adult's personal protection and financial welfare shall be determined under the jurisdictional provisions of this part.
Acts 2010, ch. 817, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 8 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 34-8-101 — 34-8-503) › Part 2 - JURISDICTION (§§ 34-8-201 — 34-8-209) › Section 34-8-203 - Jurisdiction

A court of this state has jurisdiction to appoint a conservator or guardian or issue a protective order for a respondent if:
(1)
This state is the respondent's home state;
(2)
On the date the petition is filed, this state is a significant-connection state and:
(A)
The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(B)
The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i)
A petition for an appointment or order is not filed in the respondent's home state;
(ii)
An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii)
The court in this state concludes that it is an appropriate forum under the factors set forth in §
34-8-206
;
(3)
This state does not have jurisdiction under either subdivision (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4)
The requirements for special jurisdiction under §
34-8-204
are met.
Acts 2010, ch. 817, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 8 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 34-8-101 — 34-8-503) › Part 2 - JURISDICTION (§§ 34-8-201 — 34-8-209) › Section 34-8-204 - Special jurisdiction

(a)
A court of this state lacking jurisdiction under §
34-8-203(1)-(3)
has special jurisdiction to do any of the following:
(1)
Appoint a conservator or guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;
(2)
Issue a protective order with respect to real or tangible personal property located in this state; and
(3)
Appoint a conservator or guardian for a respondent for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to §
34-8-301
.
(b)
If a petition for the appointment of a conservator or guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Acts 2010, ch. 817, § 1.
2023 Tennessee Code › Title 34 - GUARDIANSHIP (§§ 34-1-101 — 34-8-503) › Chapter 8 - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (§§ 34-8-101 — 34-8-503) › Part 2 - JURISDICTION (§§ 34-8-201 — 34-8-209) › Section 34-8-205 - Exclusive and continuing jurisdiction

Except as otherwise provided in §§
34-8-202
and
34-8-204
, a court that has appointed a conservator or guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Acts 2010, ch. 817, § 1.