Full question:
How long is a Durable POA and Health Care good for? Does it expire?
- Category: Power of Attorney
- Date:
- State: Tennessee
Answer:
A principal may revoke a durable power of attorney for health care by doing any of the following:
revoke the appointment of the attorney in fact under the durable power of attorney for health care by notifying the attorney in fact orally or in writing;
or revoke the authority granted to the attorney in fact to make health care decisions by notifying the health care provider orally or in writing.
If a principal notifies a 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 must make the notification a part of the principal's medical records and must make a reasonable effort to notify the attorney in fact of the revocation. It is presumed that the principal has the capacity to revoke a durable power of attorney for health care. This presumption is a presumption affecting the burden of proof. Unless it provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health care.
Unless the durable power of attorney for health care expressly provides otherwise, the dissolution or annulment of the principal's marriage revokes any designation of the former spouse as an attorney in fact to make health care decisions for the principal.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
