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How should a healthcare facility handle a conflict between the patient’s instructions via a valid living will and the instructions included on a valid POST?

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How should a healthcare facility handle a conflict between the patient’s instructions via a valid living will and the instructions included on a valid POST?

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Pursuant to Tennessee Code Annotated § 68-11-1804 (d), “An advance directive that conflicts with an earlier advance directive revokes the earlier directive to the extent of the conflict.” This means that to determine whether to follow conflicting instructions on a valid living will and a valid POST, the treating physician will have to look at the date of execution of both documents. Instructions on the document executed last must be followed to the extent of the conflicting instructions. If there is a conflict between the patient’s valid living will and orders a physician puts on the POST, the conflict must be resolved by the facility’s Ethics Committee and facility administration.

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