Durable Health Care Power of Attorney (“HCPOA”)

The HCPOA is used to make health care decisions for the giver if the giver is unable to personally make those decisions. The person designated would be the one to deal with the physicians, hospitals and other health care providers. If the giver is able to communicate his or her own desires relating to health care, then the giver’s own directions supersede those of the attorney-in-fact. This power of attorney is separate from the regular durable power of attorney (POA) mentioned above because Tennessee has adopted specific legislation recognizing this type of power of attorney and setting forth certain requirements for their execution. Also, note that the HCPOA is broader than the Living Will, which deals mostly with a terminal condition from which there is no reasonable expectation of recovery.