Tennessee Power of Attorney Form Create a Tennessee Power of Attorney Form

Tennessee Power of Attorney Form

Published Jan 02, 2026
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A Tennessee Power of Attorney form is a legal instrument designating an agent to manage financial or medical affairs on behalf of a principal within the state.

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Poa Type

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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TENNNESSEE POWER OF ATTORNEY FORM

I. APPOINTMENT OF AGENT

This General Durable Power of Attorney is made and entered into on , by and between:

The Principal:
Name:
Address:

The Agent:
Name:
Address:

II. GRANT OF AUTHORITY

I, the Principal, hereby appoint the Agent named above as my true and lawful attorney-in-fact to act for me in any lawful way with respect to the subjects indicated below.

III. DURABILITY PROVISION

Pursuant to the Tennessee Uniform Durable Power of Attorney Act (Tennessee Code Annotated § 34-6-101 et seq.), this Power of Attorney shall not be affected by subsequent disability or incapacity of the Principal, or by the lapse of time. It is my intent that the authority conferred herein shall be exercisable notwithstanding my subsequent disability or incapacity.

IV. EFFECTIVE DATE

This Power of Attorney shall become effective: (Check one)

V. POWERS OF ATTORNEY-IN-FACT

My Agent shall have the full power and authority to act on my behalf with respect to the following subjects:

1. Real Property Transactions: To buy, sell, lease, rent, exchange, and manage any interest in real estate; to execute deeds, mortgages, and deeds of trust; and to manage all aspects of my real property.

2. Tangible Personal Property: To buy, sell, lease, exchange, collect, possess, and manage all tangible personal property and interests therein.

3. Banking and Financial Transactions: To open, close, and manage bank accounts; to sign checks, drafts, and other negotiable instruments; to access safe deposit boxes; and to conduct all banking business.

4. Stock and Bond Transactions: To buy, sell, exchange, surrender, and manage stocks, bonds, mutual funds, and all other securities.

5. Business Operating Transactions: To manage, operate, sell, or liquidate any business interest I may have, including the authority to execute partnership agreements or LLC operating agreements.

6. Insurance and Annuities: To purchase, maintain, surrender, collect, or cancel insurance policies and annuities.

7. Estates, Trusts, and Other Beneficiary Interests: To accept, receipt for, exercise, release, reject, renounce, assign, disclaim, demand, sue for, claim, and recover any legacy, bequest, devise, gift, or other property interest or payment.

8. Claims and Litigation: To institute, prosecute, defend, abandon, compromise, arbitrate, settle, and dispose of any claim in favor of or against me.

9. Tax Matters: To prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns; to represent me before any tax authority.

10. Government Benefits: To apply for and receive any government benefits or assistance to which I may be entitled, including Social Security, Medicare, and Medicaid.

VI. SPECIAL INSTRUCTIONS

The Principal provides the following special instructions or limitations on the powers granted above (if any):

VII. SUCCESSOR AGENT

VIII. RELIANCE BY THIRD PARTIES

Any third party who receives a copy of this document may act under it. Revocation of the Power of Attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.

IX. REIMBURSEMENT AND COMPENSATION

My Agent shall be entitled to reimbursement for all reasonable expenses incurred in acting under this Power of Attorney.

(Check one)

X. GOVERNING LAW

This Power of Attorney shall be governed by, construed, and enforced in accordance with the laws of the State of Tennessee.

XI. SIGNATURE AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, I have hereunto set my hand and seal on the date first written above.

PRINCIPAL
Signature: _________________________
Print Name: _______________
Date:
Address: _______________

XII. ACCEPTANCE BY AGENT

I, the undersigned Agent, hereby accept the appointment as attorney-in-fact and agree to act in the best interest of the Principal and in accordance with the powers granted by this document.

AGENT
Signature: _________________________
Print Name: _______________
Date:
Address: _______________

XIII. WITNESSES

We, the undersigned witnesses, certify that the Principal signed this instrument in our presence, that the Principal appears to be of sound mind and under no duress or undue influence, and that we are not the Agent or Successor Agent appointed in this document.

WITNESS 1
Signature: _________________________
Print Name:
Date:
Address:

WITNESS 2
Signature: _________________________
Print Name:
Date:
Address:

What is a Tennessee Power of Attorney Form?

A Tennessee Power of Attorney Form is a legal instrument that authorizes a designated individual to act on behalf of another person regarding specific financial, legal, or medical matters. The person granting authority, known as the principal, appoints an agent or attorney-in-fact to execute decisions and manage affairs according to the terms outlined in the document. Residents of Tennessee utilize this document to ensure their interests remain protected during periods of absence, illness, or incapacitation, allowing for seamless management of assets and healthcare choices without court intervention.

Types of Tennessee Power of Attorney Form

Tennessee law recognizes various forms of delegated authority, each designed to address specific needs and scopes of power. The duration and extent of the agent's authority depend entirely on the specific classification of the document chosen by the principal.

  • General Power of Attorney - Grants the agent broad authority to handle financial and legal affairs, such as banking transactions and contract signing, but typically terminates if the principal becomes incapacitated.
  • Durable Power of Attorney - Includes specific language stating that the agent's authority remains effective or becomes effective even if the principal becomes mentally incompetent or incapacitated.
  • Limited Power of Attorney - Restricts the agent's authority to specific actions or a defined time period, such as selling a specific piece of real estate or handling business while the principal is traveling.
  • Medical Power of Attorney - Designates an agent to make healthcare decisions for the principal, including treatment options and end-of-life care, specifically when the principal cannot communicate their own wishes.
  • Springing Power of Attorney - Becomes effective only upon the occurrence of a specific future event, typically the medical incapacitation of the principal as certified by a physician.
  • Tax Power of Attorney (Form RV-F1311401) - Authorizes a representative to communicate with the Tennessee Department of Revenue regarding the principal's tax matters and filings.

Legal Requirements and Validity in Tennessee

To establish a legally binding power of attorney in Tennessee, specific statutory requirements must be met during the creation and execution of the document. Failure to adhere to these standards may result in the rejection of the document by financial institutions or medical facilities.

  • Principal Capacity - The individual creating the document must be at least 18 years old and of sound mind at the time of signing.
  • Agent Eligibility - The appointed attorney-in-fact must be a competent adult or a qualifying legal entity.
  • Notarization for Financial Powers - Documents granting authority over property or financial matters generally require acknowledgment by a notary public to be presumed genuine.
  • Witnessing for Health Care Powers - A Durable Power of Attorney for Health Care requires the signature of two competent witnesses or a notary public.
  • Specific Language - Durable powers of attorney must contain statutory language indicating the intent for powers to survive the principal's disability.

Relevant Tennessee Laws and Statutes

The creation, execution, and interpretation of power of attorney documents in Tennessee are governed by specific chapters within the Tennessee Code Annotated. These statutes define the scope of authority and the duties owed by the agent to the principal.

  • Uniform Power of Attorney Act - Governs the creation and use of powers of attorney for financial and property matters, outlining the duties and liabilities of the agent (Tenn. Code Ann. § 34-6-101 et seq.).
  • Durable Power of Attorney for Health Care - Establishes the legal framework for appointing a healthcare agent and defines the scope of medical decision-making authority (Tenn. Code Ann. § 34-6-201 et seq.).
  • HIPAA Authorization Standards - Federal regulations that interact with state laws to allow agents access to the principal's protected health information (45 CFR § 164.508).
  • Revocation of Power of Attorney - details the methods by which a principal may terminate the authority of an agent, typically requiring a written instrument (Tenn. Code Ann. § 34-6-106).

How to Complete a Tennessee Power of Attorney Form

Creating a valid Tennessee Power of Attorney Form involves a structured process to ensure the document accurately reflects the principal's intentions and complies with state regulations. Following these steps helps prevent future legal challenges regarding the agent's authority.

Step 1: Select the Appropriate Type - Determine whether the situation requires a general, durable, limited, or medical power of attorney based on the desired scope and duration of authority.

Step 2: Choose a Trustworthy Agent - Identify a reliable individual, usually a spouse, family member, or close friend, who will act in the principal's best interest.

Step 3: Define Powers and Limitations - Clearly specify which actions the agent is permitted to take, such as managing bank accounts, selling real estate, or making medical decisions.

Step 4: Execute the Document - Sign the document in the presence of a notary public for financial powers, or before two witnesses or a notary for healthcare powers.

Step 5: Distribute Copies - Provide a copy of the executed form to the agent, financial institutions, medical providers, and any other relevant parties.

Revocation and Termination of Authority

A principal retains the right to revoke a power of attorney at any time, provided they maintain the mental capacity to do so. Tennessee law provides several mechanisms through which the authority of an agent ceases.

  • Written Revocation - The principal executes a formal document stating that the previous power of attorney is revoked.
  • Execution of a New Power of Attorney - Creating a new document that expressly revokes all prior powers of attorney typically supersedes older versions.
  • Divorce or Annulment - If the spouse was named as the agent, the filing of an action for divorce or annulment generally terminates their authority automatically.
  • Death of the Principal - All powers of attorney cease to be effective upon the death of the principal, at which point the executor of the estate assumes control.

Frequently Asked Questions

Recording is generally not required for the document to be valid between the principal and agent. Recording with the county Register of Deeds is necessary if the agent will be handling real estate transactions, such as buying or selling property on behalf of the principal.
Yes, a principal may appoint multiple co-agents to act either jointly or independently. The document must specify whether the agents must agree on all decisions or if they are permitted to act separately.
Without a designated agent, family members must petition a court to be appointed as a conservator to manage your affairs. This court process can be time-consuming, expensive, and public compared to the private arrangement of a power of attorney.
A non-durable power of attorney expires if the principal becomes incapacitated or upon a specific termination date listed in the document. A durable power of attorney remains valid until the principal dies or formally revokes the document.
Agents have a fiduciary duty to act in the principal's best interest and generally cannot transfer assets to themselves unless the document explicitly grants the power to make gifts. Self-dealing without authorization constitutes a breach of fiduciary duty and can lead to legal penalties.

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