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Durable Power of Attorney Form | Tennessee

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Updated on May 10th, 2023

A Tennessee durable power of attorney form lets a principal name a representative that can manage all their financial needs. The selected representative is known as an attorney-in-fact, though this person does not need to be an actual attorney. Whoever is chosen as attorney-in-fact should be someone trustworthy and well-known by the principal. It is also recommended to name an alternative representative in case the first choice turns out to be unavailable at times when needed.

  • This form does not cancel if the principal should become incapacitated or unable to think or make decisions for themselves.

The power of attorney can be canceled at any time with a revocation form so long as the principal is still competent. If, as is often the case, the principal chooses their spouse as their attorney-in-fact, the agreement doesn’t end automatically upon divorce.

Laws

  • “Durable” Definition (§ 34-6-102) – A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney in fact in writing and the writing contains the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or “This power of attorney shall become effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable, notwithstanding the principal’s subsequent disability or incapacity.
  • Statute – § 34-6-103 (Uniform Durable Power of Attorney Act)
  • Signing Requirements – No statutory signing requirement. However, the power of attorney should be signed by the principal in the presence of two attesting witnesses or a notary public.