A Tennessee durable power of attorney allows an appointed individual (“agent”) to manage financial decision-making and affairs for another person (“principal”) throughout their lifetime, even if the principal becomes incapacitated.
The agent should be someone of utmost trust to the principal, such as a spouse or close family member. After signing, the agent gains authority to utilize the form for its intended purposes.
Laws
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 two 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.
