Power of Attorney in Tennessee: Requirements, Types, and How to Get One

A power of attorney allows you to choose someone to make decisions for you if you can't make them yourself. Tennessee treats money and property decisions differently from health care decisions, so your steps depend on which one you need.

What is a power of attorney in Tennessee?

A power of attorney (POA) is a legal document that lets you, the principal, give another person authority to act for you. That person is called your agent or attorney-in-fact. Depending on the document, your agent can handle financial matters, manage property, or make health care decisions .A POA can give your agent broad authority or limit the agent to one task, such as a single transaction. You also decide when the agent's authority begins.

The Tennessee Uniform Power of Attorney Act generally covers financial POAs, and health care decisions go through the state's Health Care POAs.

Durable power of attorney in Tennessee

A durable power of attorney stays in effect if you become disabled or incapacitated, which means you can no longer make or communicate decisions yourself. Any kind of POA can be designated as durable.

According to Tennessee Code § 34-6-102, a POA must be in writing. It must also say your agent's authority continues despite your later disability or incapacity, or begins when you become disabled or incapacitated.

A durable POA can take effect when you sign it or later, such as when you are determined to be incapacitated. Your agent's authority depends on the powers in the document, so it’s important to be specific.

Medical power of attorney in Tennessee

A medical power of attorney lets you name someone to make health care decisions for you when you can't make them yourself. The Tennessee Advance Directive for Health Care form combines a medical power of attorney with a living will. A living will states your wishes about treatment and procedures, such as CPR and life support, while a medical power of attorney names the person who can execute your wishes.

The form lets you name an agent and an alternate agent. You also choose whether your agent can act right away or only when you can no longer make decisions yourself.

You will need the document notarized, or you can have two competent adults to witness your signature and sign the document. Neither witness can be your agent or alternate agent. At least one witness can't be related to you by blood, marriage, or adoption, and can't be entitled to any part of your estate.

Financial power of attorney in Tennessee

A financial power of attorney lets your agent handle money and property matters for you, such as banking, bills, and real estate. Tennessee requires this to be in writing. To keep your agent's authority in place if you become incapacitated, make sure your POA is durable.

Tennessee doesn't require a notary or witnesses for a financial POA to be durable. Some banks and other institutions still ask for a notarized signature, so notarizing your POA can help you avoid delays.

How to get power of attorney in Tennessee

Step 1: Choose your agent

Choose someone you trust who is responsible and will be available when you need them. Your agent doesn't have to be a family member. For a health care agent, don't pick your doctor or another person likely to be your future health care provider.

Name at least one alternate agent too, in case your first choice can't fulfil their duties. Talk with each person first to make sure they understand the role and agree to take it on.

Step 2: Decide what authority to give

Think about what you want your agent to be able to do. A financial POA can cover everyday money matters, property, banking, insurance, or other tasks. You can also limit it to one transaction or a set period.

If you want the authority to continue after you become incapacitated, include durability language. Make sure you use the appropriate form for the powers you wish to grant. You can download the Advance Directive for Health Care form from the Tennessee Health Facilities Commission website, or work with an attorney or POA service to help you choose the correct form and language.

Step 3: Complete the document

Your POA should name you as the principal and name your agent. It should also describe the authority you give, say when that authority begins, and say whether it continues after incapacity.

For a financial POA, describe your agent's powers clearly. For a medical POA, fill in each part of the form, including your agent and alternate agent(s).

Step 4: Sign the document

Follow the signing rules described above for the type of POA you are making. Remember: financial POAs do not necessarily need to be notarized or witnessed, but advance health care directives have specific requirements for witnesses or notarization.

If your agent will handle real estate, ask the county Register of Deeds what it requires. Do this before your agent tries to record the POA or a deed.

Step 5: Give copies to the people who may need them

Keep the original where your agent can find it. Give a copy to your agent and to any bank or other institution that may need to verify your agent's authority.

For an advance health care directive, the Health Facilities Commission recommends giving a copy to your agent, alternate agent, doctor, and local hospital. Keep the original somewhere safe where people can find it. A photocopy of the form is legally valid.

How to revoke or update a power of attorney in Tennessee

You can cancel or replace a power of attorney as long as you still have the mental capacity to make decisions. Follow these steps for a financial POA.

• Put it in writing. Sign a document that revokes the earlier POA and names its date and agent. You can also sign a new POA that replaces it.
• Tell your agent. Give your agent written notice that their authority has ended.
• Tell the institutions. Send a copy of the revocation to each bank or other institution that has the old POA. An institution that doesn't know may keep accepting your agent's signature.
• Check for recording. If you recorded the original POA with a county register of deeds, ask that office how to record your revocation.

If you want to change a POA, sign a new one instead of editing the old document.

To change your advance directive for health care, simply create a new one. The Tennessee Health Facilities Commission says the new directive cancels the old one automatically. Tell everyone who has a copy that you made a new one, and collect and destroy the old copies. Make sure the new one is dated appropriately to ensure that anyone with two copies knows which one is the most recent.

Review your documents after major life changes, such as a marriage, divorce, or move, to make sure they still reflect your wishes.

What happens if you don't have a power of attorney in Tennessee?

Without a power of attorney, your family may not have authority to manage your affairs if you can no longer do it yourself. A family member's relationship to you doesn't, by itself, give them the same authority as an agent named in a POA.

In that case, a family member may need to ask a court to appoint a conservator. A conservatorship is a legal proceeding in which a judge decides you can't make certain decisions and gives someone else authority over them. Tennessee law requires courts to preserve as many of your decision-making rights as possible.

You can sign a POA only if you are of sound mind and you understand what it does. If you don’t understand your POA, a conservatorship may be the main option.

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FAQs about power of attorney in Tennessee

Does a power of attorney expire in Tennessee?

A power of attorney doesn't have to expire on a set date, but it can end in several ways. For instance, the document can name a terminating event or end date. You can also end it by revoking it while you still have capacity. A POA generally ends when the principal dies. A POA that isn't durable generally ends if you become incapacitated.

Can you have more than one power of attorney in Tennessee?

Yes. You can have separate powers of attorney for different purposes and name different agents for each. For example, you could name one person to handle financial matters and another to make health care decisions.

Can a power of attorney agent be paid in Tennessee?

A power of attorney can say whether your agent is paid for their time and whether they can be reimbursed for expenses. If you want your agent to be paid or reimbursed, spell it out in the document. Doing so helps avoid disputes later.