Tennessee Code Annotated
Tenn. Code Ann. § 34-6-204 (2026)
Attorney in fact - Powers - Limitations
✓ current as of May 2026
- (a)
- (1) Unless the durable power of attorney for health care provides otherwise, or unless a court with appropriate jurisdiction finds by clear and convincing evidence that the attorney in fact is acting on behalf of the principal in bad faith, the attorney in fact designated in the durable power of attorney who is known to the health care provider to be available and willing to make health care decisions has priority over any other person to act for the principal in all matters of health care decisions.
- (2)
- (A) Notwithstanding the Uniform Durable Power of Attorney Act, compiled in part 1 of this chapter, if a court appoints a conservator, guardian of the estate or other fiduciary, that fiduciary shall not have the power to revoke or amend a durable power of attorney for health care nor replace the attorney in fact designated in a power of attorney for health care.
- (B) Upon application and good cause shown, when appointing a conservator, guardian of the estate or other fiduciary, a court may revoke or amend a durable power of attorney for health care or replace the attorney in fact designated in the power.
- (b) Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in the durable power of attorney may make health care decisions for the principal, before or after the death of the principal, to the same extent as the principal could make health care decisions for the principal if the principal had the capacity to do so, including:
- (1) Making a disposition under the Uniform Anatomical Gift Act, compiled in title 68, chapter 30;
- (2) Authorizing an autopsy pursuant to the Post Mortem Examination Act, compiled in title 38, chapter 7; and
- (3) Directing the disposition of remains pursuant to title 68, chapter 4.
- (c) Nothing in this part affects any right the person designated as attorney in fact may have, apart from the durable power of attorney for health care, to make or participate in the making of health care decisions on behalf of the principal.
- (d) Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in such durable power of attorney may make health care decisions as provided in this part for the principal who has a terminal condition as defined in § 32-11-103. The decision to withhold or withdraw health care may be made by the attorney in fact permitting the principal to die naturally with only the administration of palliative care as defined in § 32-11-103.
Acts 1990, ch. 831, § 5; 1991, ch. 344, § 11; 2004, ch. 771, § 2.
Notes of Decisions
Cited in 4
cases, 2008–2015 · leading case: Owens v. Nat'l Health Corp., 263 S.W.3d 876 (Tenn. 2008).
Owens v. Nat'l Health Corp., 263 S.W.3d 876 (Tenn. 2008). “" Section 34-6-204(b) (2001) provides: Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in such durable power of attorney may make health care decisions for the principal, before or after the death of the principal, to…”
Johnson v. Kindred Healthcare, Inc., 466 Mass. 779 (Mass. 2014). “at 884 , quoting Tenn. Code Ann. § 34-6-201 (3) (2001). 19 Relying on the Tennessee statute’s language authorizing an attorney in fact to “make health care decisions .”
In The Matter of The Conservatorship of Donald E. Todd v. Tonya Todd Just. (Tenn. Ct. App. 2010). “-7- T.C.A. § 34-6-204(a)(1) provides that unless the Court finds by clear and convincing evidence that the attorney in fact under the durable power of attorney for health care is acting on behalf of the principal in bad faith, the attorney in fact has priority over all others to…”
In Re: Est. of Teffany Teresa Love (Tenn. Ct. App. 2015). “t to control the disposition of the decedent‟s remains, the location, manner and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following persons in the order named; provided, that such person is a qualified adult: (1) An…”
Tenn. Code Ann. § 34-6-204(a)(1): 1 case
In The Matter of The Conservatorship of Donald E. Todd v. Tonya Todd Just. (Tenn. Ct. App. 2010). “-7- T.C.A. § 34-6-204(a)(1) provides that unless the Court finds by clear and convincing evidence that the attorney in fact under the durable power of attorney for health care is acting on behalf of the principal in bad faith, the attorney in fact has priority over all others to…”
Tenn. Code Ann. § 34-6-204(b): 1 case
Owens v. Nat'l Health Corp., 263 S.W.3d 876 (Tenn. 2008). “" Section 34-6-204(b) (2001) provides: Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in such durable power of attorney may make health care decisions for the principal, before or after the death of the principal, to…”
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