Free Tennessee Durable Power of Attorney Forms

Tennessee Durable Power of Attorney Laws

• Tennessee Code Section 34 - This is the main law that determines Tennessee regulations and provisions on various matters, including the creation of powers of attorney. According to the code, the durable POA must contain the following words (or any similar words): “This power of attorney shall not be affected by the subsequent disability or incapacity of the principal” (TN Code § 34-6-102).
• Effect of Acts Done By Attorney - The acts done by the agent using the durable POA are considered to have the same effect as if the principal made them (TN Code § 34-6-103).

Signing Requirements in Tennessee

The principal must sign the durable POA in Tennessee, which serves as the agent’s permission to decide on their behalf on various business, financial, and legal matters. To make it legal, the document must be acknowledged by a notary public and at least two witnesses.

How to Write a Durable POA in Tennessee

With a durable POA in Tennessee, the agent can make business, financial, and legal decisions on behalf of the principal. The authority remains even when the principal becomes mentally incompetent. Here are the steps to making one.

1. Choose an agent you can trust

The appointed agent will have a huge responsibility. It is essential that you only appoint one that you can trust with your business, finances, properties, and other legal matters. The only thing the agent cannot decide on is healthcare matters, as there is a separate POA for that.

Trust will be crucial between the principal and agent because there may be a time when the former is declared legally incapacitated and, therefore, unable to make legal decisions. The agent’s decisions and acts are considered official and may impact your properties and family assets.

Most people prefer to choose a family member, such as a spouse, sibling, child, or parent, to become an agent. Others may choose a lawyer or business partner because they may know more about the business, financial, and legal affairs.

2. Discuss the responsibilities with your chosen agent

Just because the agent has the power to make decisions after you have signed the POA and even during incapacity doesn’t mean they can do whatever they want. Their authority is still based on your will and desires. Ensure the agent understands what you want with regard to your property, finances, business, and other legal matters.

You can also discuss compensation. Many agents don’t get compensation, especially if they are family members. However, it is their right to get compensated for carrying out their duties as agents. They are also allowed to ask for refunds for travel and other expenses incurred while carrying out their responsibilities as agents.

3. Download a Printable Tennessee Durable POA

For your convenience, download the Tennessee durable POA template. Fill it out with your details and agent information. Include all the wishes that you want to be fulfilled when the agent has to make legal decisions for you. You may also approach a local Tennessee law firm to make the document for you, but it may cost more money.

4. Sign the document

Sign the durable POA form. Make it legal by getting a notary public to acknowledge the POA. It must also be signed by at least two witnesses. Ensure that you keep a copy of the document and provide copies to significant people, including the agent.

5. Use the Durable POA in Tennessee

The durable POA in Tennessee can now be used. The agent can start signing for you and acting on your behalf. However, the agent needs to bring an original copy of the document as proof of the authority bestowed on them. As mentioned, the power remains in order even when the principal is declared legally incapacitated.