Tennessee Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Tennessee who cannot decide: an agent, a guardian, or Tennessee's default surrogate order. Runs in your browser; nothing is stored.

Tennessee law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Tennessee

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Tennessee's default surrogate order

This state names a group of people with no fixed order.

  1. Anyone the patient designated, orally or in writing, by telling the supervising provider
  2. Spouse (Not if legally separated; preference only, the provider picks the best-qualified person)
  3. An adult child (Preference only)
  4. A parent (Preference only)
  5. An adult sibling (Preference only)
  6. Any other adult relative (Preference only)
  7. Any other adult who has shown special care and concern and knows the patient's values (Preference only)
What it covers
A surrogate the provider identifies may make all health care decisions the patient could make, except that withdrawing artificial nutrition and hydration needs two physicians' certification.
If more than one person is in the same group
The list is a preference order the provider may consider, not a strict ranking. The supervising provider identifies the person best qualified, weighing the patient's known wishes, regular contact, demonstrated care and availability. There is no majority rule.
If nobody on the list is available
If no eligible person is reasonably available, the designated physician may decide after consulting the institution's ethics mechanism or getting a second independent physician's concurrence.
Who decides the person cannot decide
The designated physician must determine that the patient lacks capacity.
Limits
  • The surrogate must be an adult who has shown special care and concern, knows the patient's values, and is available and willing. Someone under a no-contact court order is not eligible.
  • Withdrawing artificial nutrition or hydration needs two physicians to certify it is only prolonging dying and the patient is very unlikely to regain capacity.
  • Treating providers and facility operators and their employees cannot serve unless related by blood, marriage or adoption.
  • A challenger must prove the provider's choice of surrogate was invalid.

Source: Tenn. Code Ann. 68-11-1806 · Checked October 26, 2026

Less certain: This list was read from an unofficial 2025 copy of the Tennessee Code; confirm the current text with the official code.

Next steps

Who decides in Tennessee without a power of attorney?

Tennessee's default surrogate law (Tenn. Code Ann. 68-11-1806) names a group of people with no fixed order. A surrogate the provider identifies may make all health care decisions the patient could make, except that withdrawing artificial nutrition and hydration needs two physicians' certification.

Tennessee's default surrogate law in full

Tennessee's default surrogate order

This state names a group of people with no fixed order.

  1. Anyone the patient designated, orally or in writing, by telling the supervising provider
  2. Spouse (Not if legally separated; preference only, the provider picks the best-qualified person)
  3. An adult child (Preference only)
  4. A parent (Preference only)
  5. An adult sibling (Preference only)
  6. Any other adult relative (Preference only)
  7. Any other adult who has shown special care and concern and knows the patient's values (Preference only)
What it covers
A surrogate the provider identifies may make all health care decisions the patient could make, except that withdrawing artificial nutrition and hydration needs two physicians' certification.
If more than one person is in the same group
The list is a preference order the provider may consider, not a strict ranking. The supervising provider identifies the person best qualified, weighing the patient's known wishes, regular contact, demonstrated care and availability. There is no majority rule.
If nobody on the list is available
If no eligible person is reasonably available, the designated physician may decide after consulting the institution's ethics mechanism or getting a second independent physician's concurrence.
Who decides the person cannot decide
The designated physician must determine that the patient lacks capacity.
Limits
  • The surrogate must be an adult who has shown special care and concern, knows the patient's values, and is available and willing. Someone under a no-contact court order is not eligible.
  • Withdrawing artificial nutrition or hydration needs two physicians to certify it is only prolonging dying and the patient is very unlikely to regain capacity.
  • Treating providers and facility operators and their employees cannot serve unless related by blood, marriage or adoption.
  • A challenger must prove the provider's choice of surrogate was invalid.

Source: Tenn. Code Ann. 68-11-1806 · Checked October 26, 2026

Less certain: This list was read from an unofficial 2025 copy of the Tennessee Code; confirm the current text with the official code.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Tennessee if there is no power of attorney?

Tennessee's default surrogate law (Tenn. Code Ann. 68-11-1806) names a group of people with no fixed order. A surrogate the provider identifies may make all health care decisions the patient could make, except that withdrawing artificial nutrition and hydration needs two physicians' certification. The full order, tie rule and limits are in Tenn. Code Ann. 68-11-1806.

Does next of kin in Tennessee have authority over money?

No default surrogate law covers money. In Tennessee, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Tennessee law checked against the official text on October 26, 2026.

Know someone who could use this? Share this free tool:

Share: