Free Tennessee Power of Attorney Forms
In Tennessee, individuals may face situations where they cannot handle personal, legal, or financial matters due to being unavailable, incapacitated, or otherwise unable to act. A TN Power of Attorney (POA) allows them to delegate these responsibilities to a trusted person. The appointed person is called the ‘agent ’ while the person making the appointment is referred to as the ‘principal.’
Here is everything you need to know about the Tennessee POA.
Types of Power of Attorney in Tennessee
There are different types of POAs used in Tennessee, each with its own distinct function.
- General Power of Attorney Tennessee - A general POA for Tennessee might be used by a business owner who needs someone to manage their operations while they are traveling abroad. However, it does not cover medical authority, and the power expires if or when the principal becomes mentally incompetent.
- Special POA - This is a type of POA that gives specific instructions over which decisions the agent can make. As soon as the particular act has been completed, the document loses its authority. It will also expire when the principal becomes mentally incapacitated, whether or not the activity was accomplished.
- Durable POA - This type of POA will continue to have power even after the principal becomes mentally incapacitated. It is an important document that serves as permission for the agent to continue making decisions on behalf of the principal even after he can no longer do so legally. This way, business and legal matters are not impeded.
- Medical or Healthcare POA - a separate POA is necessary for healthcare matters. In this document, the agent makes healthcare decisions on behalf of the principal. In Tennessee, a Medical POA is often used to ensure that healthcare decisions align with state-specific end-of-life care preferences. It is almost always durable in nature.
How To Get a Power of Attorney in Tennessee
Follow these steps to create a valid POA for Tennessee:
- Choose the type of POA: Decide on the appropriate type (e.g., Durable, Medical, Limited) based on your needs. Consult an attorney if unsure.
- Select a trusted agent: Appoint a responsible individual to act on your behalf and ensure they agree to their role.
- Use a Tennessee-specific form: Obtain a form compliant with Tennessee laws, ensuring it includes all required details like the principal, agent, and scope of authority.
- Complete and sign the form: Fill out the form accurately. Sign it in the presence of a notary public and 2 disinterested witnesses.
- Distribute and store copies: Provide copies to your agent and relevant parties (e.g., banks, healthcare providers). Keep the original in a secure location.
- Review regularly: Periodically review the POA to ensure it reflects your current wishes and update it as needed.
Follow these steps to ensure your POA complies with Tennessee law and protects your interests effectively.
Power of Attorney Tennessee Laws
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2017 Tennessee Code Title 34 - Guardianship, Chapter 6 - Power of Attorney - This is the main law that sets the rules and provisions for creating powers of attorney in Tennessee.
Under this law, individuals creating a Durable POA must ensure that all acts performed by their agent during periods of incapacity will legally bind them as if they were competent.
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Uniform Durable Power of Attorney Act - The law states, “All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successor in interest as if the principal were competent and not disabled” (TN Code § 34-6-103).