2010 Tennessee Code
Title 34 - Guardianship
Chapter 6 - Power of Attorney
Part 2 - Durable Power of Attorney for Health Care
34-6-207 - Revocation.

34-6-207. Revocation.

(a)  The principal may, after executing a durable power of attorney for health care, do any of the following:

     (1)  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

     (2)  Revoke the authority granted to the attorney in fact to make health care decisions by notifying the health care provider orally or in writing.

(b)  If the principal notifies the 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 shall make the notification a part of the principal's medical records and shall make a reasonable effort to notify the attorney in fact of the revocation.

(c)  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.

(d)  Unless it provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health care.

(e)  Unless the durable power of attorney for health care expressly provides otherwise, if after executing a durable power of attorney for health care the principal's marriage is dissolved or annulled, the dissolution or annulment revokes any designation of the former spouse as an attorney in fact to make health care decisions for the principal.

(f)  If authority granted by a durable power of attorney for health care is revoked under this section, a person is not subject to criminal prosecution or civil liability for acting in good faith reliance upon the durable power of attorney unless the person has actual knowledge of the revocation.

(g)  The authority of an attorney in fact acting under a durable power of attorney for health care as provided in this part may be terminated or revoked only pursuant to this section and shall not be affected by the existence of a living will executed by the principal.

[Acts 1990, ch. 831, § 7.]  

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