Eligibility to Serve as Surrogate Decision Maker

  1. Law
  2. Tennessee Code
  3. Mental Health and Substance Abuse and Intellectual and Developmental Disabilities
  4. General Rules Applicable to Service Recipients
  5. Special Liability Rules
  6. Eligibility to Serve as Surrogate Decision Maker

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IF

  1. a physician, psychologist, or dentist reasonably determines that an adult:
    1. knows about a service recipient's developmental disability and condition as it relates to the matter in question,
    2. is actively involved in the service recipient's life,
    3. is willing to make a decision for the service recipient on the matter in question,
    4. appears to be reasonably capable of making the decision and likely to make it objectively in the service recipient's interest,
    5. appears to have no conflict of interest with the service recipient, and
    6. is, in order of descending preference for service as a surrogate:
      1. the service recipient's spouse,
      2. the service recipient's adult child,
      3. the service recipient's parent or stepparent,
      4. the service recipient's adult sibling,
      5. any other adult relative of the service recipient, or
      6. any other adult,

      THEN

  2. the adult is eligible to serve as a surrogate decision maker for the service recipient on the matter in question under §§ 33-3-219 — 33-3-221.


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