Most estate plans focus on property, but a complete plan also addresses medical decisions. A living will and a healthcare power of attorney are the usual tools, yet a third document often goes unmentioned. The Tennessee POST form turns treatment preferences into physician orders.
According to Tennessee’s POST form guidance, the form is a physician’s active order set for the patient’s current medical condition, and it includes resuscitation and treatment preferences. Physicians sign it. In certain settings, such as a discharge from a hospital or long-term care facility, a nurse practitioner or physician assistant may sign when a physician is unavailable.
The patient’s or a surrogate’s signature is recommended but not legally required.
A living will records a person’s wishes about future care, and a healthcare power of attorney names who will speak for the person. Neither one is a medical order. The same state guidance notes that first responders cannot follow end-of-life wishes found only in an advance directive such as a living will.
A POST form fills that gap by putting the wishes in a form that emergency personnel and care facilities can act on. The documents can exist side by side, and each does a different job.
The guidance describes the form as intended for seriously ill or frail individuals, particularly those whose caregivers would not be surprised by a death within a year. For most healthy adults, a living will and a power of attorney are the more suitable tools.
Situations that may prompt a conversation with a physician include:
A plan that names an executor and distributes property but ignores medical decisions leaves a gap at the time families feel it most. People looking for a Maryville estate planning lawyer often start with a will, and the medical documents belong in the same conversation.
Wishes that appear in one document and are contradicted in another can be confusing. A review should confirm that the living will, the POST form, and the power of attorney all say compatible things.
The same life changes that prompt a medical review often affect property. A diagnosis can lead a family to revisit the will with a Maryville wills lawyer and to consider whether a trust would keep assets under better management if the owner can no longer act.
A trust can name a successor to manage property during incapacity, and a Maryville trust lawyer can explain how that arrangement differs from naming someone to make medical decisions.
After a death, the estate may still need to go through court. A Maryville probate lawyer can guide the executor through that process, and clear medical and property documents tend to reduce disputes along the way.
Documents help only when the right people can find them. A POST form is a medical order, so copies should be easy to reach at home and shared with the physician and any care facility. Documents such as powers of attorney should be available to the person named to act.
Keeping these papers organized and current is part of the planning that our estate planning lawyer serving Maryville, TN does with families.
Those who are comparing options often find that a Maryville estate planning lawyer can walk through each document in order and flag any that conflict.
Carpenter & Lewis PLLC focuses on wills, trusts, estate planning, and probate. Attorney Jon McMurray Johnson has been admitted to practice in Tennessee since 2007 and was selected to Rising Stars for 2019 through 2021, and Attorney Amanda B. Brabham has been admitted in Tennessee since 2003.
A plan that covers both property and medical wishes is easier to carry out when it is put in place early, and anyone in Maryville who wants the documents to agree with one another can reach out to our estate planning lawyer serving Maryville, TN.
10413 Kingston Pike, Suite 200 Knoxville, Tennessee 37922
Also Serving: Farragut TN
New Clients: (865) 509-9600
Existing Clients: (865) 690-4997
Facsimile: (865) 690-4790
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