Estate Planning and Probate · Burns, Dickson County

Healthcare Power of Attorney in Burns

A healthcare power of attorney is about decision-making authority—not simply permission to see medical information. If you live in Burns, Tennessee, planning means choosing a suitable agent and alternate, clarifying the decisions you want covered, and making sure your instructions and documents work together.

Choose decision-makers, not just a name on a form

Start by considering who could understand your wishes and make decisions on your behalf if you could not communicate them. The person you name as agent may be asked to act under the authority provided by the document and applicable law. An alternate gives you another person to identify if your first choice is unavailable or unable to serve; naming one does not mean the alternate shares authority with the primary agent.

Compare candidates by how well they can follow your preferences, communicate with others involved in your care, and handle difficult choices. Consider whether they are willing to take on the responsibility and whether they can be reached when needed. Discuss your expectations with your preferred agent and alternate rather than assuming they already know what you would want.

  • Primary agent: the person you would want to make healthcare decisions within the authority granted.
  • Alternate agent: another person identified for the role if the primary choice cannot serve.
  • Healthcare preferences: instructions that help explain the care choices you would want considered.

Separate healthcare authority from access to information

A healthcare power of attorney and a HIPAA authorization serve different purposes. A separate information-sharing authorization can permit disclosure of health information, but by itself it does not appoint someone to make healthcare decisions. Conversely, state-law authority to act as a healthcare personal representative can also affect access to information; a separate HIPAA authorization is not automatically required in every situation.

Review each document for the job it is intended to do. Do not assume that a person listed to receive information is also your decision-maker, or that a financial power of attorney gives someone healthcare authority. Scope, duration, and limits matter for powers of attorney, and different roles should not be treated as interchangeable.

    Coordinate preferences and existing instructions

    Tennessee’s Advance Directive for Health Care form addresses an agent and alternate as well as healthcare preferences, and includes instructions about signing and sharing copies. If you already have a directive, living will, healthcare power of attorney, or HIPAA authorization, gather it before preparing or revising another document. Compare who is named, what preferences are expressed, and what information-sharing permissions are addressed.

    A useful preparation sheet is a one-page document inventory: list each healthcare-related document, its date, the people named, and the purpose you understand it to serve. Add brief notes about any choices you want to revisit. This makes it easier to identify possible conflicts or gaps without treating information access, personal preferences, and authority as the same thing.

    • Bring existing healthcare directives and information-sharing authorizations.
    • Note your preferred agent and alternate, and whether each person has agreed to the role.
    • Identify preferences or document language you want clarified or updated.
    • List people or providers who may need copies, and check the document’s own copy-sharing instructions.

    Plan from Burns with a clear next step

    Dale Law Group, PLLC offers healthcare power of attorney planning for people across Tennessee, including Burns and Dickson County. The firm’s office is in Murfreesboro; Burns is not an additional firm office. You can use a planning conversation to review agent availability, alternate choices, the scope of authority, and how your healthcare preferences and information-sharing documents fit together.

    Before contacting the firm, decide what you most need resolved: choosing between possible agents, selecting an alternate, coordinating an existing directive, or understanding who may receive information. Ask how the proposed document addresses each person’s role, how it relates to your current instructions, and what copy-sharing steps the document calls for.

      Questions to bring to the discussion

      Does a HIPAA authorization name my healthcare decision-maker?

      No. A separate HIPAA authorization for sharing information does not, by itself, appoint a healthcare decision-maker. State-law authority can make someone a HIPAA personal representative, so review the purpose and effect of each document rather than assuming they are interchangeable.

      Should I name an alternate healthcare agent?

      Tennessee’s Advance Directive for Health Care form provides for an agent and an alternate. Consider whether you want another person identified if your first choice cannot serve, and discuss the responsibility and your preferences with both people. Review existing documents before changing or adding instructions.

      Discuss your next step with Dale Law Group

      Begin with a brief, non-confidential overview. The firm will discuss your needs and appointment arrangements.

      General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.