Estate Planning · Healthcare Power of Attorney
Healthcare Power of Attorney in Farragut
A healthcare power of attorney is about who may make healthcare decisions on your behalf—and what instructions should guide that person. The key planning choices are your primary agent, a practical alternate, and how your preferences fit with the authority you grant.
Choose for decision-making, not just availability
Start by comparing the people you are considering against the role itself. An agent may need to communicate with healthcare providers and make decisions under the authority you grant. Consider whether each candidate understands your priorities, can communicate them, and is willing to serve. Then consider whether that person is likely to be reachable when a decision is needed.
Naming an alternate gives you another choice if your first selection cannot serve. Compare the candidates separately: the person you trust most to understand your preferences may not be the person easiest to reach. Discuss the role with your choices rather than assuming they will accept it.
Make the authority and preferences work together
Tennessee’s Advance Directive for Health Care form addresses an agent, an alternate, and healthcare preferences. Treat those as connected but distinct decisions: identify who should act, then consider what guidance that person should have about your care.
A healthcare decision-maker and someone authorized to receive health information are not automatically the same role. HIPAA rules recognize that state-law authority can make someone a personal representative. A separate information-sharing authorization by itself does not appoint a healthcare decision-maker. Do not assume your agent always needs a separate HIPAA authorization; assess information access in light of the authority and circumstances involved.
Prepare a one-page decision brief
Before discussing a document, write down your proposed primary agent and alternate, why each is a suitable choice, and the healthcare preferences you want communicated. Add any questions about the scope or limits of authority and whether existing information-sharing instructions should be coordinated with the decision-maker appointment.
This brief is a practical way to spot gaps: an alternate you have not asked, preferences that are unclear, or an existing authorization that shares information without naming someone to make decisions. Bring the brief and copies of relevant existing directives or authorizations to a planning conversation.
Questions to settle before finalizing
Ask whether your proposed agent and alternate understand the role and your preferences. Ask how the document expresses your instructions and the authority you intend to grant, and whether any existing healthcare directive or HIPAA authorization should be reviewed alongside it. The right comparison is not simply “agent or no agent”; it is who should act, who is next, and how your instructions and information access fit together.
Dale Law Group, PLLC offers healthcare powers of attorney and advance healthcare directives and living wills as part of its Tennessee estate-planning services. The firm’s office is in Murfreesboro and it serves Tennessee; this page does not imply a Farragut office.
Questions to bring to the discussion
Does a HIPAA authorization name my healthcare decision-maker?
No. A separate information-sharing authorization alone does not appoint a healthcare decision-maker. State-law authority can make someone a HIPAA personal representative, so consider the appointment and information access together.
Why name an alternate agent?
An alternate gives you another person to consider if your first choice cannot serve. Compare the candidates’ willingness, understanding of your preferences, communication ability, and likely availability.
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.
