Tennessee Grandparent Medical Consent: How to Authorize a Child's Health Care

Your grandchild needs to see a doctor, and you are the adult who brought them. The front desk asks whether you have authority to consent to treatment. For grandparents and relatives raising a child in Tennessee without a court order, the answer depends on which legal instrument you hold and what kind of care the child needs.

The Two Paths to Medical Consent Authority

Tennessee gives non-parent caregivers two statutory tools for medical consent:

1. Power of Attorney for Care of a Minor Child (T.C.A. § 34-6-301)

This is the primary instrument. When a parent signs it, it delegates authority for routine medical care, dental exams, immunizations, prescriptions, diagnostic imaging and specialist referrals. It covers the same scope of everyday health care a parent would authorize.

The POA requires the parent's signature, a hardship ground, and notarization or two non-relative witnesses.

2. In Loco Parentis Healthcare Affidavit (T.C.A. § 34-6-402)

When the parent or POA holder is temporarily unreachable — traveling, incarcerated without communication access, hospitalized — an adult relative standing in loco parentis can execute this sworn affidavit at the medical facility. It grants medical, dental and mental health consent for up to 60 days, renewable once for another 60 days.

The statute establishes a priority order: noncustodial parent first, then grandparent, adult sibling, stepparent, then other adult relatives. Any decision by the custodial parent, guardian or legal custodian supersedes the affidavit.

T.C.A. § 63-1-176 and the Blanket Consent Problem

Tennessee's parental consent law (Public Chapter 894, codified at T.C.A. § 63-1-176) prohibits health care providers from treating, diagnosing or prescribing medications to a minor without prior written parental consent.

The Tennessee Attorney General's Opinion No. 25-005 clarified that a parent's signature on a generic blanket consent form does not cover all health care activities. Consent must be activity-specific and temporally limited.

For grandparents, this means your POA should specifically mention medical care, dental care, and mental health treatment. A generic POA that says only "care of the child" may face pushback from clinics interpreting the AG's opinion strictly.

When the Child Can Consent on Their Own

Tennessee law carves out several situations where the child's own consent is sufficient:

• Mental health at age 16+: Under T.C.A. § 33-8-202, a minor aged 16 or older with a serious emotional disturbance or mental illness has adult rights regarding treatment decisions
• Substance abuse treatment: Under T.C.A. § 63-6-220, no parental consent is needed
• Emergency care: Under T.C.A. § 63-6-222, immediate treatment can proceed when delay would endanger the child's life
• Prenatal care: Under T.C.A. § 63-6-223
• STD diagnosis and treatment: Under T.C.A. § 68-10-104(c)

HIPAA and Medical Records

A caregiver holding a valid POA or in loco parentis affidavit acts as the child's HIPAA personal representative. You can review the child's medical records, sign HIPAA disclosure forms, and request clinical files.

The exception: when a minor independently consents to care (like a 16-year-old consenting to mental health treatment), the minor controls disclosure of those specific records. The provider cannot share details with you without the teen's written permission.

If a Clinic Refuses Your POA

Ask for the refusal reason in writing. For a POA, cite T.C.A. §§ 34-6-308 and 34-6-310, which protect third parties that rely on it in good faith; for the in loco parentis affidavit, cite § 34-6-406. Request review by the facility's risk management department or patient advocate.

If the refusal continues, contact Help4TN at 1-844-435-7472 for free legal intervention, or the Tennessee Justice Center at 615-255-0331 for TennCare-related denials.

The Tennessee School and Medical Consent Guide includes the full medical consent framework, clinic-ready document checklists, and escalation scripts for pushback situations.

See more Tennessee guides →