Free Tennessee Power of Attorney Forms
Sometimes, individuals are unable to carry out official or business-related tasks for various reasons. It could be because they are out of the country, indisposed, or mentally incapacitated. A power of attorney (POA) will allow the individual to appoint another to decide on their behalf. 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.
Tennessee Power of Attorney By Type
There are different types of POAs used in Tennessee, each with its own distinct function.
- General POA - This POA gives the agent blanket authority over various legal, financial, and other business decisions. 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. It includes decisions on medications, treatments, medical procedures and surgeries, residency, and end-of-life care. It is almost always durable in nature.
How to Get a Power of Attorney in Tennessee
There are two ways one can get a POA, which acts as an agent’s authority to make legal, financial, and healthcare decisions.
One, you can approach a local firm to make a POA for you.
Two, you can create your own by downloading a template online. Fill out the template and sign it. You need a notary public and two witnesses to acknowledge and make the form legal.
Tennessee Power of Attorney Laws
- 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.
- 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).