A Tennessee power of attorney revocation lets the principal officially terminate an existing POA agreement. This document is valuable when the principal no longer requires a third party to act on their behalf.
For it to be effective, you should retrieve all original POA copies from the agent and any institutions that have them. You should also ensure to provide all relevant parties with a copy of the revocation, as the agent will be allowed to act for you if they don’t know about your decision to rescind their authority.
Legal Considerations
Statute – Uniform Durable Power of Attorney Act (Title 34, Chapter 6).
Definitions – § 34-6-207.
Signing Requirements – Notary public or two witnesses recommended.
Revocation and Termination
If the principal passes away, the POA doesn’t automatically terminate. Any action the agent takes on the principal’s behalf is valid (unless otherwise invalid or unenforceable) if the agent doesn’t know about their death (§ 34-6-105).
If the court appoints a fiduciary to manage the principal’s personal property after the principal executes their POA, the fiduciary will have the authority to revoke the document (§ 34-6-104).
The principal can revoke their POA by creating a new document stating that all previous POAs are invalid. If they don’t want to create a new one, they can draft a revocation form stating their intentions to revoke the original document. If they recorded the original POA in their local county register’s office, they must also record the revocation document there.
Fees
- Notary: Per § 8-21-1201, notary publics can request reasonable fees for their services. The exact fee you’ll pay depends on the rates of the individual you go to, but you may have to pay between $5 and $10. State law does not set a maximum fee for notaries.
- Recording: Recording fees only apply if you recorded the original POA at your local county register’s office. These fees often range from $20 to $50, so please plan accordingly.
Resources
- Tennessee Alliance for Legal Services – Provides confidential legal advice to people over 60 regardless of their assets or income.
- West Tennessee Legal Services – Offers legal assistance to underserved individuals in 17 counties.
- Legal Aid of East Tennessee – Helps qualifying individuals navigate legal challenges.
