The Tennessee power of attorney is a document that enables one person, the agent, to represent another person, the principal, before third parties. In practice, these are usually governmental, financial, medical, and other organizations and institutions.
The Tennessee power of attorney contains the following elements:
Information about the principal and the agent
Details about the successor agent (optional)
Scope of authority authorized to the agent
Limitations to the agent’s authority (optional)
Details about the effectiveness of the document
Information about the termination of the document
Witnesses’ signatures (optional)
Types of Power of Attorney in Tennessee
Tennessee Durable (Statutory) Power of Attorney Requirements
The principal uses the durable power of attorney in Tennessee if they want the agent to represent them even after they’ve become incapacitated. It is also recommended that the principal names the successor agent in case the primary agent cannot represent them.
Tennessee General (Financial) Power of Attorney Requirements
This type of power of attorney enables the agent to take any necessary action in the principal’s interest. The principal can also provide an explicit list of activities the agent is not allowed to take in the limitations section.
Tennessee Limited (Special) Power of Attorney Requirements
The Tennessee limited power of attorney sets the scope of activities the agent is allowed to take. If the document is issued only to complete a certain action or transaction, it automatically terminates after the agent completes it.
Tennessee Parental (Minors) Power of Attorney Requirements
You can use this document to authorize another person to make decisions about your child's education, medical care, etc. This power of attorney in Tennessee is typically used to grant parental authority to another person for up to 6 months.
Tennessee Medical Power of Attorney Requirements
The Tennessee medical power of attorney enables the agent to make decisions about the principal’s health care. In practice, the principal usually names the spouse or other family members to act as agents.
Tennessee Springing Power of Attorney Requirements
This type of Tennessee power of attorney becomes effective:
On the date the principal determines in the document
After a certain condition is fulfilled
The principal will usually say that a power of attorney will “spring” into effectiveness only after a certain condition is met.
Tennessee Vehicle Power of Attorney Requirements
You can use this type of power of attorney to authorize another person to buy or sell a vehicle on your behalf. Moreover, they can take care of all the activities related to title transfer and vehicle registration with the Tennessee DMV.
Tennessee Revocation Power of Attorney Requirements
The principal uses this document to revoke any previously issued Tennessee power of attorney. After the revocation, it’s important to notify the agent and every third party that the agent is interacting with on the principal’s behalf.
Tennessee Tax Power of Attorney Requirements
If you want to grant authority to your accountant or a tax advisor to represent you before the Tennessee tax authorities, you should use the Tennessee tax power of attorney. Considering the importance of the matter, you should choose an agent with the necessary professional knowledge in the tax field.
Tennessee Real Estate Power of Attorney Requirements
The Tennessee real estate power of attorney enables the agent to:
Scope of Authorization
Buy or sell real estate property on behalf of the principal.
Manage or maintain property.
Obtain the mortgage or refinance real estate property.
Sign contracts related to real estate.
Legal Requirements for a Power of Attorney in Tennessee
When drafting a Tennessee power of attorney, you should pay attention to the following requirements:
Signature. Every Tennessee power of attorney must be signed by the principal or by another person directed by the principal.
Witnesses. The Tennessee medical power of attorney requires the acknowledgment of 2 witnesses or the notary public.
Notarization. Tennessee law doesn’t explicitly require notarization for other types of power of attorney; you should always consider notarizing your power of attorney for additional security.
Mental capacity. When signing the Tennessee power of attorney, the principal must have the mental capacity to understand their actions.
Who Can Be an Agent for a Power of Attorney in Tennessee?
In Tennessee, every person over 18 with legal capacity is eligible to be named as the agent.
However, you should consider other factors when choosing your agent, such as:
Willingness to represent you
Professional knowledge (for tax or legal power of attorney)
Additionally, you can name two or more people to act as your co-agents. Unless otherwise provided, they should all act jointly. Finally, you should also name the successor agent in your power of attorney. They will act if the primary agent becomes unable to represent the principal.
How to Create a Tennessee Power of Attorney
Power of Attorney in Tennessee
#1. Decide on Which Type of Document to Use
You should choose the most appropriate type of Tennessee power of attorney based on:
The matter you want the agent to represent you with
Scope of authority you want to delegate to the agent
Effectiveness of the power of attorney
#2. Select an Agent
Choose a person who is trustworthy and willing to represent you before third parties. You should also make sure they are located near the place where they can exercise the delegated authority.
#3. Define the Agent’s Powers
You can issue a general power of attorney and enable the agent to take all the necessary actions that are in your best interest. Secondly, you can issue a limited power of attorney and provide the list of authorities you want to delegate to your agent and the list of third parties the agent can interact with on your behalf.
#4. Download & Fill in Our Form
The easiest way to get a professional Tennessee power of attorney that is in line with all the state rules and regulations is to download one of the Tennessee power of attorney templates and fill in your information.
#5. Get It Signed & Notarized
The principal should sign the Tennessee power of attorney and obtain the acknowledgment of the notary public or other relevant body.
#6. Safely Store the Original Copy
The principal should always keep the original copy of the Tennessee power of attorney in their possession.
#7. Provide Copies to Relevant Parties
Additionally, the principal can provide another copy to the agent, so they can prove their capacity to any third party they are interacting with on the principal’s behalf.
#8. Update the Document as Needed
If any of the relevant information in a power of attorney changes, you should update it. You can do so by issuing a new power of attorney with updated information that will revoke the previous power of attorney.
How Long Does a Power of Attorney Last in Tennessee?
A Tennessee power of attorney usually becomes effective after the principal signs it.
However, when explicitly provided in the document, a power of attorney can become effective after a certain date or after a certain event. The principal will usually provide that a power of attorney becomes effective only in the event that the principal becomes incapacitated.
The Tennessee power of attorney terminates in the following cases:
Reasons for Termination
When the principal passes away
If the principal becomes incapacitated (only for non-durable power of attorney)
After the date previously determined in the document as the termination date
When the purpose for which the document is issued is completed
If the agent becomes incapacitated or passes away, and there is no co-agent or successor agent.
Tennessee Power of Attorney FAQ
You should use the Tennessee power of attorney for every situation in which you cannot represent your interests personally. This can be due to old age, physical or mental illness, moving abroad for a longer period of time, military deployment, and more.
It enables another person, called the agent or attorney-in-fact, to act on behalf of the other person, called the principal.
Tennessee law doesn’t explicitly require the notarization of a power of attorney. However, considering the importance of this document, you should always secure its authenticity by providing the notary public's acknowledgement.
Yes, even if you already have a will, you should also create a power of attorney. These two documents serve different purposes. While a will allocates your property after you pass away, a power of attorney enables another person to represent you during your lifetime.