A Tennessee durable power of attorney form allows someone (“the principal“) to choose another person to act on their behalf and manage various transactions related to your property, contracts, and benefits. For healthcare-related matters, principals need to create a medical power of attorney.
The term “durable” means that the authority granted to the agent remains effective even if the principal becomes incapacitated.
Read on to uncover what you need to know about DPOA forms in the Volunteer State.
Tennessee Durable Power of Attorney Requirements
In Tennessee, power of attorney forms can be made durable by including the following or similar language:
“This power of attorney shall not be affected by subsequent disability or incapacity of the principal.”
“This power of attorney shall become effective upon the disability or incapacity of the principal.”
Relevant Laws: §§ 34-6-101 — 34-6-112 (Uniform Durable Power of Attorney Act)
Presumed Durable: No. § 34-6-102
Signing: Signature required.
Notarization: Not required by law, but it’s recommended to have the form notarized and signed before 2 witnesses, as these are the requirements for the health care power of attorney.
Statutory Form: No, but a comprehensive explanation of the various powers of an attorney-in-fact is included in § 34-6-109.
How to Fill Out a Tennessee DPOA Form
Follow these steps to complete a blank durable power of attorney form for Tennessee:
Step 1: Designate an Agent
Appointing your agent is a critical step in the process—especially as the agent remains in power even if you are incapacitated. You have to choose someone that is trustworthy, reliable, and fully aware of the implications of a durable power of attorney.
You can also name a successor agent as a backup, in case your first choice is unavailable. Compensating your agent for their service is optional and should be specified on the form.
Once you have chosen the agent, write both your names and addresses at the top of the DPOA form.
Step 2: Grant Authority
First, you need to decide if you want to give your agent comprehensive powers (authority over all aspects related to finance) or limited (authority over one or several aspects). In Tennessee, you have default powers, like filing tax returns, entering contracts, and money handling, to which other special powers can be added, like making gifts or disclaiming property.
If you need to add more provisions, you can do so in the “Special Instructions” section on the form.
Step 3: Ensure Your Form Is Durable
For the power of attorney to continue even if the principal is incapacitated, the form must be made durable. In Tennessee, you must use specific language to make your POA durable.
Step 4: Sign and Date the Form
To complete the paperwork, the principal must sign and date the durable power of attorney form. Although not required by law, it is recommended to have the DPOA notarized as well.
Storing and Using Your Form in Tennessee
After creating your durable power of attorney form, make sure you store it in a safe place and inform your family members of the location. A copy should also be provided to the agent and relevant third parties, such as your bank or other institutions.
Signing on Behalf of the Principal
In Tennessee, the agent can sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Tennessee
To revoke a power of attorney in Tennessee, the agent must complete and file a revocation of power of attorney.
A durable power of attorney can’t be revoked if the principal is incapacitated, but a third-party individual can override a power of attorney if they suspect an agent of abuse or negligence. Although an agent has a ‘fiduciary duty’ to act in the principal’s best interest, this is not always the case.