Tenn. Code Ann. § 52-3-212: Surrogate decision maker - Eligibility

An adult is eligible to serve as a surrogate decision maker for a person supported on the matter in question under §§ 52-3-211 and 52-3-213 , if the physician, psychologist, or dentist reasonably determines that the adult: (1) Knows about the person supported's intellectual or developmental disability and medical or behavioral condition as it relates to the matter in question; (2) Is actively involved in the person supported's life; (3) Is willing to make a decision for the person supported on the matter in question; (4) Appears to be reasonably capable of making the decision and likely to make it objectively in the person supported's interest; (5) Appears to have no conflict of interest with the person supported; and (6) Is, in order of descending preference for service as a surrogate: (A) The person supported's spouse; (B) The person supported's adult child; (C) The person supported's parent or stepparent; (D) The person supported's adult sibling; (E) Any other adult relative of the person supported; or (F) Any other adult. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.

An adult is eligible to serve as a surrogate decision maker for a person supported on the matter in question under §§ 52-3-211 and 52-3-213 , if the physician, psychologist, or dentist reasonably determines that the adult:

(1) Knows about the person supported's intellectual or developmental disability and medical or behavioral condition as it relates to the matter in question;

(2) Is actively involved in the person supported's life;

(3) Is willing to make a decision for the person supported on the matter in question;

(4) Appears to be reasonably capable of making the decision and likely to make it objectively in the person supported's interest;

(5) Appears to have no conflict of interest with the person supported; and

(6) Is, in order of descending preference for service as a surrogate: (A) The person supported's spouse; (B) The person supported's adult child; (C) The person supported's parent or stepparent; (D) The person supported's adult sibling; (E) Any other adult relative of the person supported; or (F) Any other adult.

(A) The person supported's spouse;

(B) The person supported's adult child;

(C) The person supported's parent or stepparent;

(D) The person supported's adult sibling;

(E) Any other adult relative of the person supported; or

(F) Any other adult.