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Direct answer: An advance directive is a free legal form that names who makes medical decisions for you (a health care power of attorney) and records the care you want (a living will) if you can't speak for yourself. No lawyer is needed; sign your state's form in front of witnesses or a notary as it says. In Tennessee: a notary or two qualified adult witnesses.
By the numbers: Medicare Part B covers advance care planning at $0 as part of the Welcome to Medicare or yearly Wellness visit if your provider accepts assignment. Source: Medicare.gov: Advance care planning
“Advance directives are legal documents that provide instructions for medical care and only go into effect if you cannot communicate your own wishes.” — NIH National Institute on Aging (read Oct. 25, 2026)
Updated 2026-10-25
Your state's law decides, typically your spouse, then parents or adult children. An unmarried partner you didn't name may be left out (NIA).
Yes. VA recognizes throughout its system an advance directive valid under state law, a Defense Department advance medical directive, or VA Form 10-0137 (38 CFR 17.32).
An advance directive is a free legal form that says who makes medical decisions for you, and what care you want, if you can't speak for yourself. The two main kinds are a living will (your treatment wishes) and a health care power of attorney (the person you trust, called your agent or proxy). No lawyer is needed: most states publish a free form, and you sign it in front of witnesses or a notary as the form says. Below: a checklist for your situation, Tennessee's exact signing rules, and the federal rules for Medicare, VA, military families and hospitals (NIH, Medicare, VA).
Checked Oct. 25, 2026
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Already done:
| Document | What it does | Who signs |
|---|---|---|
| Living will | Tells doctors which treatments you want or don't want (for example CPR, breathing machine, tube feeding, dialysis) if you can't decide. | You, with witnesses or a notary under your state's rules |
| Health care power of attorney (health care proxy, agent) | Names the person who makes medical decisions for you when you can't, plus a backup. Covers situations a living will can't foresee. | You, with witnesses or a notary |
| DNR, DNI, out-of-hospital DNR | Doctor's order: no CPR, no breathing tube, or no CPR by emergency crews outside a hospital. | Your doctor, with you |
| POLST / MOLST (POST in Tennessee) | Portable medical orders for people who are seriously ill or near the end of life; emergency crews can act on them right away. | Your doctor (or other clinician), with you |
From the National Institute on Aging. A health care power of attorney is separate from a financial one: see power of attorney for money.
Law: Tenn. Code 68-11-1803. Other Tennessee papers (will, financial power of attorney): Wills & estate basics.
Every state has its own advance directive law and signing rules (witnesses, a notary, or a choice of either). The form your state publishes lists them, so follow its instructions exactly. Free ways to get it, per the National Institute on Aging:
Spend a lot of time in two states? One state's form doesn't always work in another, so consider filling out both states' forms. We haven't published a 50-state table of signing rules yet; we only list rules we've read in each state's own law.
More: military money.
Facts, not legal or medical advice. We republish federal and state rules with dates. No form-kit, attorney or partner links on this page.
A legal document that gives instructions for your medical care and only takes effect if you can't communicate your own wishes. The two most common are a living will (which treatments you want or don't want) and a durable power of attorney for health care (which names your health care proxy, also called an agent). Many state forms combine both.
A living will records your treatment wishes, such as breathing machines, tube feeding, dialysis or CPR. A health care power of attorney names a person to make medical decisions for you when you can't. You can have either or both; the person you name helps with situations a living will can't foresee.
No lawyer is required, and many states give their form away free. Each state sets its own signing rules: most require witnesses, some a notary, and some let you choose. Tennessee lets you use a notary or two qualified adult witnesses. Follow the instructions on your state's form exactly.
If you can't decide for yourself, your state's law decides who speaks for you, typically a spouse, then parents or adult children. An unmarried partner you haven't named may be left out. Some states let a close friend help; others may assign a doctor.
Yes. Medicare Part B covers voluntary advance care planning. It costs nothing when it's part of your Welcome to Medicare or yearly Wellness visit and your provider accepts assignment; otherwise the Part B deductible and 20% coinsurance apply.
No. A POLST (or MOLST, POST in Tennessee) is a medical order your doctor signs, usually for people who are seriously ill or near the end of life, that emergency crews can follow right away. It works alongside your advance directive; it doesn't replace naming an agent.
Education only, not legal or tax advice. Laws and benefit rules come from state statutes, courts and federal agencies with dates; talk with a licensed attorney in your state before you act.