The Role of Advance Healthcare Directives in Estate Planning
July 9, 2025
Planning for the future isn’t just about deciding who’ll receive your property or how your estate will be handled after you're gone. A big part of estate planning is making decisions about your health and medical care if you're ever unable to make those decisions for yourself. That’s where advance healthcare directives come into play.
Advance healthcare directives carry significant legal weight and can provide peace of mind for both you and your family. They offer clarity when it's most needed and tie directly into the broader goals of estate planning. McCarter | East PLLC in Murfreesboro, Tennessee, can offer you straightforward guidance so you can understand the role of advance healthcare directives.
What Is an Advance Healthcare Directive?
An advance healthcare directive, also known as an advance directive or medical directive, is a legal document that outlines your preferences for medical treatment if you're unable to speak for yourself. It can include instructions about life-sustaining treatments, resuscitation efforts, organ donation, and other important medical decisions.
Tennessee law allows adults with decision-making capacity to create an advance directive, and healthcare providers must honor it as long as it meets the state’s legal requirements. This tool isn’t just for the elderly or the seriously ill—it’s a smart step for any adult who wants a say in their future medical care.
How Advance Directives Fit Into Estate Planning
While wills and trusts often get the most attention in estate planning, advance healthcare directives are equally important. They round out your plan by preparing for situations where you're still alive but can’t express your wishes due to illness, injury, or incapacity. Here’s how they work within your broader estate plan:
They provide continuity: If you become incapacitated, having an advance directive bridges the gap between your financial and medical decisions.
They reduce family disagreements: When your preferences are in writing, loved ones are less likely to argue over what you would’ve wanted.
They support your values: Whether you want every possible life-saving measure or prefer a more natural end-of-life process, your choices are respected.
They align with other documents: Your healthcare decisions can be coordinated with your power of attorney and living trust to create a unified plan.
Before we get into the specific components of an advance healthcare directive, it’s helpful to understand the main types that are typically included.
Components of an Advance Healthcare Directive
Advance healthcare directives in Tennessee often contain two main parts: a living will and a healthcare power of attorney. Both serve different but equally important functions.
Living Will
A living will spells out your wishes for medical treatment in case you're terminally ill or permanently unconscious. This document is only used when you can’t communicate and when doctors determine you're in a qualifying condition. Key decisions in a living will include:
Life support preferences: Whether you want artificial nutrition, hydration, or mechanical breathing.
Pain management: How aggressively you'd like pain relief to be administered, even if it may shorten your life.
End-of-life procedures: Your views on CPR, dialysis, or other forms of life-saving intervention.
Religious or personal values: Any instructions that reflect your moral or spiritual beliefs.
A living will is a convenient way to express your wishes after you pass away. However, there are other ways to make sure your assets are handled according to your desires when you’re incapacitated.
Healthcare Power of Attorney
Also known as a medical power of attorney or healthcare agent designation, this part of the directive allows you to appoint someone you trust to make medical decisions on your behalf if you're unable to do so. Duties of a healthcare agent may include:
Speaking with doctors: Acting as your voice during discussions with medical professionals.
Authorizing or refusing treatment: Making decisions based on your known wishes and best interests.
Reviewing medical records: Accessing information needed to make informed choices.
Handling end-of-life decisions: Carrying out the preferences stated in your living will.
Together, these tools create a clear path for your medical care, even if you're unable to speak up.
Choosing the Right Healthcare Agent
Your healthcare agent has a significant responsibility, so picking the right person is essential. They’ll need to act calmly under pressure, make tough decisions, and follow your wishes even when others may disagree. When selecting someone, consider the following traits:
Trustworthiness: Choose someone who’ll follow your directions even if they have personal reservations.
Emotional strength: Look for someone who can handle medical situations without becoming overwhelmed.
Proximity and availability: It’s helpful if the person lives nearby and can be quickly contacted in an emergency.
Understanding of your values: Make sure they’re familiar with your beliefs and preferences about medical care.
You should also talk with your agent before naming them in any document. That conversation can help avoid confusion later and confirm they’re willing to accept the role. Now that you know who should fill the role, let’s look at what happens when these documents are needed.
When Advance Directives Take Effect
Advance directives don't kick in right away—they only become active under specific circumstances. This typically happens when you're deemed incapacitated and unable to make decisions about your medical treatment. A licensed physician must usually make that determination. Here are some common scenarios where advance directives are used:
Serious illness or surgery complications: If you're sedated or unconscious and can’t respond.
Injury from an accident: When you're in a coma or otherwise unable to communicate.
Dementia or cognitive decline: If a condition like Alzheimer’s reaches an advanced stage.
When an advance directive is active, healthcare providers will look to your living will and your healthcare agent for direction. That’s why it’s so important to keep these documents up to date and accessible.
Benefits of Having Advance Healthcare Directives
Creating advance healthcare directives comes with several important benefits—both legal and personal. These documents go beyond just legal planning; they offer comfort, control, and clarity. Some of the main advantages include:
Legal protection: Doctors and hospitals are more likely to follow your wishes when they're clearly documented.
Emotional relief for loved ones: Your family won't be forced to make hard decisions without knowing what you wanted.
Avoiding court involvement: You reduce the chances that a court will need to appoint a guardian or conservator to speak for you.
Respecting your choices: Whether you want every medical option or a more natural process, your voice will be heard.
These benefits show why it’s so important to treat advance directives as a cornerstone of your estate plan, not just an afterthought.
How to Create Advance Healthcare Directives
Creating legally valid advance directives in Tennessee is a straightforward process, but you’ll want to follow the state’s specific requirements. Tennessee uses a combined form that includes both a living will and a healthcare power of attorney. Here’s a step-by-step overview:
Fill out the official form: The Tennessee Advance Directive for Health Care form is available online or through most estate planning attorneys.
Clearly state your wishes: Be specific about the treatments you want or don’t want and under what conditions.
Name your healthcare agent: Include their contact information and any instructions for how they should carry out their role.
Sign the document: You’ll need two witnesses or a notary public to validate your signature.
Distribute copies: Give copies to your agent, primary care doctor, and anyone else involved in your care.
You don’t need a lawyer to fill out these documents, but it’s a good idea to consult with one so everything works together with the rest of your estate plan.
Keep Your Directives Up to Date
Life changes, and so should your advance healthcare directives. If you’ve experienced major life events, like a divorce, a new diagnosis, or a change in your values, it’s smart to revisit your documents. Times to consider updating your directives:
Change in marital status: If you’ve married, divorced, or lost a spouse.
New diagnosis or health condition: Your views on treatment might change with a serious illness.
Changes in relationships: If the person you appointed as your agent is no longer part of your life or able to serve.
Turning 18: Young adults often overlook this, but once you're legally an adult, parents can’t automatically make medical decisions for you.
Updating is easy—you can revoke the old directive in writing and replace it with a new one. Just remember to distribute the updated versions to everyone who had the original.
Contact Us Today
If you're ready to add or update your advance healthcare directive, talking with an experienced estate planning attorney can help make the process simple and stress-free. We serve clients in Woodbury and Murfreesboro, Tennessee, and are only a few blocks away from the courthouse. Reach out McCarter | East PLLC today to get started with a consultation.