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Living Wills

Medical emergencies happen suddenly. When they do, your loved ones may be forced to ask questions like:

  • “Would they want to be on life support?”

  • “Should we try resuscitation or not?”

  • “Would they want comfort care or every possible medical intervention?”

Without a Living Will, those decisions fall on your family in the middle of a crisis, creating guilt, stress, and even conflict.

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What Is a Living Will and Why Does It Matter?

A Living Will is a legal document that outlines your medical treatment preferences if you become incapacitated and cannot communicate. Unlike a Last Will and Testament, which directs asset distribution after death, a Living Will ensures your healthcare decisions are respected while you are still alive.

But here’s the challenge: Tennessee law imposes strict requirements. Even a small mistake, like missing signatures, improper witnesses, or unclear language can render your Living Will unenforceable. That’s why legal guidance is essential.

 

Key Medical Decisions Covered by a Living Will

Your Living Will may address:

  • Life-Sustaining Treatments – Ventilators, feeding tubes, dialysis.

  • End-of-Life Care – Comfort or palliative care if you are terminally ill.

  • Resuscitation (DNR/DNI) – Whether you wish to be resuscitated.

  • Organ Donation – Authorization to donate organs or tissue after death.

Our attorneys ensure your preferences are clear, enforceable, and consistent with related documents such as a Durable Power of Attorney for Healthcare.

 

Benefits of Having a Living Will

✅ Control Over Care – You decide your treatment, not the courts or relatives.

✅ Reduced Family Burden – Loved ones won’t have to guess or argue.

✅ Prevents Disputes – Eliminates confusion among family members.

✅ Faster Medical Decisions – You know your voice will be heard when it matters most.

These benefits only come when your Living Will is properly drafted and executed under Tennessee law, something our experienced attorneys handle for you.

 

Legal Requirements for a Valid Living Will in Tennessee

For a Living Will to be enforceable, it must:

  • Be in writing and clearly outline your healthcare choices.

  • Be signed while you are of sound mind.

  • Be properly witnessed or notarized.

Many DIY forms fail to meet these standards. Our team ensures your Living Will is prepared and executed correctly, so it holds up when your family needs it most.

 

Living Will vs. Durable Power of Attorney for Healthcare

Families often confuse these two documents. Both are critical:

  • Living Will – Written medical treatment instructions.

  • Durable Power of Attorney for Healthcare (DPOA-HC) – Appoints someone you trust to make healthcare decisions if you cannot.

A comprehensive estate plan should include both. We help you integrate your Living Will with your DPOA-HC, Will, and other estate planning documents for complete protection.

 

When to Update Your Living Will

Your Living Will should be reviewed and updated if:

  • You experience major life changes (marriage, divorce, children, serious illness).
  • Tennessee law changes, or you move to another state.
  • Your medical preferences or religious beliefs evolve.

Our attorneys provide ongoing support, reviewing and updating your Living Will so it always reflects your wishes and complies with the law.

 

How Douglass & Runger Can Help

At Douglass & Runger, we don’t just draft documents — we guide you through complex legal choices with compassion and clarity.

  • Listen: We take the time to understand your values and healthcare priorities.
  • Strategize: We align your Living Will with your overall estate plan.
  • Protect: We ensure compliance with Tennessee law so your Living Will stands strong.

Serving clients across Bartlett, Memphis, Germantown, and Collierville, we’ve helped countless Tennessee families protect their healthcare wishes.

 

Take the First Step Today

Don’t leave your medical care decisions to chance, or to your family in a moment of crisis.

📞 Call us at (901) 388-5805
👉 Schedule Your Session

Secure your choices. Protect your family. Find peace of mind.

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FAQ's

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What if I can’t find the original Will?
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Related Practice Areas

Durable Power of Attorney
Create a Durable Power of Attorney in Memphis. Our experienced attorneys guide you in securing your future by granting trusted individuals legal authority.
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Estate Planning
Estate planning may sound complicated, but at its core, it’s about making sure your wishes are followed and your loved ones are cared for when you’re no longer able to do so. It includes creating essential documents like Wills, Trusts, and Powers of Attorney and implementing strategies to minimize taxes and streamline the process for your family.
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Estate Planning for Business Owners
Protect your business with tailored estate planning in Memphis. Our attorneys help you secure your company's future and ensure your wishes are honored.
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Living Wills
A Living Will ensures your healthcare wishes are respected if you’re unable to make decisions yourself. It helps your family avoid difficult guesswork and provides peace of mind during emotional times.
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Irrevocable Living Trust
An Irrevocable Living Trust is a powerful way to protect your assets and ensure your loved ones are taken care of. Unlike other trusts, it can’t be easily changed once created — making it a secure way to lock in your wishes.
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Special Needs Trusts
A Special Needs Trust ensures your loved one with special needs has the financial support they need without risking their access to crucial benefits. It’s a way to provide care, security, and peace of mind for the future.
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Revocable Living Trusts
A Revocable Living Trust lets you stay in control of your assets while making things easier for your loved ones after you’re gone. It helps your family avoid probate, keeps your estate private, and gives you the flexibility to make changes as life evolves.
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