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2021 Tennessee Code
Title 34 - Guardianship
Chapter 6 - Power of Attorney
Part 4 - Health Care Decisions for Unemancipated Minor Children
§ 34-6-402. Health Care Decisions for Unemancipated Minors — From Whom Obtained — Persons Standing in Loco Parentis — Affidavit

Universal Citation: TN Code § 34-6-402 (2021)
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    1. Health care decisions for an unemancipated minor child may be obtained from persons with authority to consent, including the appointed guardian or legal custodian, or the individual to whom the minor's custodial parent or legal guardian has given a signed authorization to make health care decisions through a military power of attorney or a limited power of attorney for the care of such minor child.


      1. When an individual listed in subdivision (a)(1) is not reasonably available, the following persons may stand in loco parentis for purposes of making health care decisions for an unemancipated minor in order of priority:
        1. Noncustodial parent;

        2. Grandparent;

        3. Adult sibling;

        4. Stepparent; or

        5. Another adult family member.

      2. The treating health care provider, an employee of the treating health care provider, an operator or employee of a health care institution, and an employee of an operator of a health care institution shall not stand in loco parentis.

      3. A person standing in loco parentis shall sign an in loco parentis affidavit under penalty of perjury stating that the person has taken responsibility for the health care of the minor child.

      4. The affidavit shall expire sixty (60) days from the date of execution, and may be extended an additional sixty (60) days.

  2. The decision of a person standing in loco parentis to make health care decisions for an unemancipated minor shall be superseded by a prior or subsequent, timely given, contravening decision of the minor's custodial parent, legal custodian, or legal guardian.
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