Under Tennessee law, can a living will be revoked?

Posted on Mar 20 2013 4:39PM by Attorney, Jason A. Lee

A living will declaration can be revoked at any time regardless of the declarant's mental state or competency.  It can be revoked by certain methods found in T.C.A. § 32-11-106 which includes written revocation or an oral revocation made to the attending physician.  T.C.A. § 32-11-106 provides as follows:


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.

As a result, even if an individual's mental state or competency is in question, if the revocation of the living will complies with one of the two provisions in this statute, then the living will is revoked.

TAGS: Living Will
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Jason A. Lee is a Member of Burrow Lee, PLLC. Contact Jason at 615-540-1004 or jlee@burrowlee.com for an initial consultation on wills estate planning and probate issues.

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Tennessee Wills and Estates Blog
Jason A. Lee, Member of Burrow Lee, PLLC
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Phone: 615-540-1004
E-mail: jlee@burrowlee.com