What is a durable power of attorney in Tennessee?

A durable power of attorney is a legal document that lets you name an agent, also called an attorney-in-fact, to manage your financial and property matters. It is called durable because, under Tenn. Code Ann. 34-6-102, it keeps working even if you later become disabled or incapacitated, rather than ending when you lose the capacity to make decisions.

What is the difference between a durable and a regular power of attorney in Tennessee?

The difference is what happens if you become incapacitated. A durable power of attorney contains language showing that your agent's authority survives your disability or incapacity, as Tenn. Code Ann. 34-6-102 requires. A regular, nondurable power of attorney does not, so under Tenn. Code Ann. 34-6-105(b) the agent's authority ends when you can no longer make decisions. Tennessee treats a power of attorney as nondurable unless it expressly includes durability language.

Is a Tennessee power of attorney durable by default?

No. A Tennessee power of attorney is durable only if it expressly says so. Under Tenn. Code Ann. 34-6-102 the writing must state that the authority is not affected by the principal's later disability or incapacity, or use similar words showing that intent. Without that language, Tenn. Code Ann. 34-6-105(b) terminates the agency on the principal's incapacity.

Does a power of attorney need to be notarized in Tennessee?

Not for validity between you and your agent. Tennessee's Uniform Durable Power of Attorney Act in Tenn. Code Ann. Title 34, Chapter 6, Part 1 imposes no general witness or notary mandate for a financial power of attorney. Notarization becomes required only to record the document for real property under Tenn. Code Ann. 66-22-101. In practice banks and title companies often ask for notarization anyway.

What is a springing power of attorney in Tennessee?

A springing power of attorney takes effect only when a future event, such as the principal's disability or incapacity, occurs. Tennessee permits this. Under Tenn. Code Ann. 34-6-102 the durability language may state that the power becomes effective on the principal's disability or incapacity. Under Tenn. Code Ann. 34-6-111, where the effective date is deferred to a determination of incapacity, the power is effective at signing for the limited purpose of letting the agent access the principal's medical records to confirm the triggering event.

Which powers require special language in a Tennessee power of attorney?

Under Tenn. Code Ann. 34-6-108(c) the powers incorporated by reference do not by themselves authorize your agent to exercise certain hot powers. These include making gifts, revoking or amending a trust, exercising ownership over life insurance on the agent's own life, changing beneficiary designations, modifying survivorship rights, disclaiming property, and claiming an elective share. Gift authority is addressed separately by Tenn. Code Ann. 34-6-110. Without an express grant, the agent cannot take these acts.

How do I revoke a power of attorney in Tennessee?

A principal who still has capacity may revoke a power of attorney by an act showing the intent to revoke, typically a signed written revocation. Under Tenn. Code Ann. 34-6-105 a third person without actual knowledge of a revocation may continue to rely on the power in good faith, and an attorney-in-fact's affidavit of no actual knowledge of revocation is conclusive proof of nonrevocation. If the power of attorney was recorded, record the revocation too; under Tenn. Code Ann. 66-24-101 revocations of powers of attorney are registrable instruments.

Does a Tennessee power of attorney for real property need to be recorded?

Yes, when the power of attorney is used to convey, encumber, or otherwise deal with real property. Under Tenn. Code Ann. 66-24-101 powers of attorney authorizing the sale, transfer, or conveyance of real estate are registrable instruments. To be registered, the signature must be either acknowledged according to law or proved by at least two subscribing witnesses under Tenn. Code Ann. 66-22-101. Record it with the county register of deeds where the property is located.

Tennessee Durable Power of Attorney

A Tennessee durable power of attorney must be in writing and signed by the principal, and is durable only with express durability language under Tenn. Code Ann. 34-6-102.

Introduction

A durable power of attorney is a legal document that lets you name someone you trust to manage your money, property, and business matters if you cannot handle them yourself. In Tennessee that person is called your agent, or attorney-in-fact. The word durable is the key: a durable power of attorney keeps working even if you later become incapacitated and can no longer make decisions, which is usually the whole reason people create one. A power of attorney that is not durable ends the moment you lose that capacity. Tennessee's Uniform Durable Power of Attorney Act, at Tenn. Code Ann. Title 34, Chapter 6, Part 1, governs the financial power of attorney. Under Tenn. Code Ann. 34-6-102, the document must be in writing and signed by you, and to be durable it must contain language showing your intent that your agent's authority survive your later disability or incapacity. Part 1 imposes no general witness or notary requirement for validity between you and your agent. Tennessee is not durable by default: under Tenn. Code Ann. 34-6-105(b) a power that is not durable ends on your disability or incapacity. Tennessee does not publish a single mandatory fill-in form; Tenn. Code Ann. 34-6-108 lets the statutory powers in Tenn. Code Ann. 34-6-109 be incorporated by reference. This guide covers the financial and general durable power of attorney only. A health-care power of attorney is a separate Tennessee instrument with its own rules. Attorney review is available as an option before you sign.

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Key Things to Know

1
A durable power of attorney lets someone act for you. It names an agent, also called your attorney-in-fact, to handle your money, property, and business matters. Durable means the document keeps working even if you later become incapacitated, which is usually why people set one up.
2
It is not durable unless you say so. Tennessee does not make a power of attorney durable by default. Under Tenn. Code Ann. 34-6-102 the writing must contain language showing your intent that your agent's authority survive your later disability or incapacity; without it, Tenn. Code Ann. 34-6-105(b) ends the agency when you lose capacity.
3
It must be in writing and signed. Under Tenn. Code Ann. 34-6-102 a financial power of attorney is sufficient when it is in writing and signed by you as the principal, together with durability language if you want it to survive your incapacity.
4
No general witness or notary is required for validity. Part 1 of Tennessee's Uniform Durable Power of Attorney Act imposes no witness or notary mandate for validity between you and your agent. Notarization matters only when you record the document for real property, and in practice banks and title companies often ask for it.
5
There is no single mandatory state form. Tennessee does not publish one fill-in financial power of attorney form. Under Tenn. Code Ann. 34-6-108 the statutory powers listed in Tenn. Code Ann. 34-6-109 may be incorporated into your document by appropriate reference when you clearly express that intent.
6
Some powers need express language. Under Tenn. Code Ann. 34-6-108(c) the incorporated statutory powers do not by themselves let your agent make gifts, revoke or amend a trust, change beneficiary designations, modify survivorship rights, disclaim property, or claim an elective share. Gift authority is addressed by Tenn. Code Ann. 34-6-110, and these acts are allowed only if your document expressly grants them.
7
Real-property use means recording. A power of attorney used to convey or encumber real estate must be registered with the county register of deeds. Under Tenn. Code Ann. 66-24-101 such powers are registrable, and under Tenn. Code Ann. 66-22-101 the signature must be acknowledged or proved by at least two subscribing witnesses.

Key decisions before you file

Before you file a Durable Power of Attorney in Tennessee, a few decisions shape the document: which option to choose and what each one means. The Durable Power of Attorney guide walks through them.

Open the Durable Power of Attorney guide

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TENNESSEE DURABLE POWER OF ATTORNEY

NOTICE: This is an important legal document. It gives the person you name as your agent broad authority over your money and property. Under Tennessee Code Annotated Section 34-6-102, that authority continues even if you later become disabled or incapacitated, provided this document says so. You may revoke it at any time while you have capacity. Read it carefully before you sign.

DESIGNATION OF AGENT I, [PRINCIPAL NAME], of [CITY], Tennessee, appoint [AGENT NAME] of [CITY], Tennessee, as my agent (attorney-in-fact) to act for me in the matters set out below. If my agent cannot serve, I appoint [SUCCESSOR AGENT NAME] as successor agent.
DURABILITY (Tenn. Code Ann. Section 34-6-102) This power of attorney is durable. My agent's authority is not affected by my later disability or incapacity. This durability is stated expressly, as Section 34-6-102 requires; without it, Section 34-6-105(b) would end my agent's authority when I become disabled or incapacitated.
WHEN IT TAKES EFFECT [ ] Effective immediately upon signing. [ ] Springing: effective only upon my disability or incapacity, as permitted by Tenn. Code Ann. Sections 34-6-102 and 34-6-111.
GRANT OF AUTHORITY I grant my agent authority over the financial and property matters I list or initial here: [banking, real estate, taxes, government benefits, business interests, and similar matters]. Under Tenn. Code Ann. Section 34-6-108, the statutory powers listed in Section 34-6-109 may be incorporated by reference. Certain hot powers are not authorized by the incorporated powers alone under Section 34-6-108(c) (making gifts, revoking or amending a trust, changing beneficiary or survivorship designations, disclaiming property, or claiming an elective share) and are authorized only if expressly granted and initialed here: [____]. Gift authority is addressed by Section 34-6-110.
EXECUTION (Tenn. Code Ann. Section 34-6-102) This power of attorney is valid when it is in writing and signed by me as the principal. Part 1 of Tennessee's Uniform Durable Power of Attorney Act imposes no general witness or notary requirement for validity between me and my agent. To record this document for real property, my signature must be acknowledged before a notary or proved by at least two subscribing witnesses under Tenn. Code Ann. Section 66-22-101.

Dated: [DATE]

[PRINCIPAL NAME], Principal

NOTARY ACKNOWLEDGMENT (for recording with the register of deeds) State of Tennessee, County of [COUNTY]. On [DATE], before me, [NOTARY NAME], Notary Public, personally appeared [PRINCIPAL NAME], who proved to me on satisfactory evidence to be the person whose name is signed above and acknowledged that they executed it.

Notary Public

Note: Tennessee does not publish a single mandatory fill-in statutory form for finances; the statutory powers are incorporated by reference under Tenn. Code Ann. Sections 34-6-108 and 34-6-109. A power of attorney used to convey or encumber real estate must be registered with the county register of deeds where the property is located (Tenn. Code Ann. Sections 66-24-101 and 66-22-101). This is a Tennessee skeleton for a financial or general durable power of attorney; a health-care power of attorney is a separate Tennessee instrument. For the complete, customizable template, see the full Durable Power of Attorney template.

Once your Durable Power of Attorney is ready, you can check whether it needs to be notarized in Tennessee in about a minute, and notarize it online through DocDraft if it does.

Tennessee Requirements for Durable Power of Attorney

Put It in Writing and Sign It
Under Tenn. Code Ann. 34-6-102, a financial power of attorney must be in writing and signed by you as the principal. That is the core execution rule for validity between you and your agent.
No General Witness or Notary Is Required for Validity
Part 1 of Tennessee's Uniform Durable Power of Attorney Act imposes no general witness or notary requirement for a financial power of attorney's validity between you and your agent. Notarization becomes necessary only to record the document for real property, and in practice many banks and title companies request it.
Durability Language Is Required
Tennessee does not make a power of attorney durable by default. Under Tenn. Code Ann. 34-6-102 the writing must contain language showing your intent that your agent's authority survive your later disability or incapacity; otherwise Tenn. Code Ann. 34-6-105(b) terminates that authority when you lose capacity.
Springing Effective Date (Optional)
If you want the power of attorney to take effect only on a future event such as your incapacity, Tenn. Code Ann. 34-6-102 permits durability language making it effective on your disability or incapacity. Under Tenn. Code Ann. 34-6-111, where that effective date is deferred to a determination of incapacity, the document is effective at signing only so your agent can access your medical records to confirm the triggering event.
No Mandatory Statutory Form (Powers by Reference)
Tennessee does not publish a single fill-in statutory power of attorney form for finances. Under Tenn. Code Ann. 34-6-108 the powers listed in Tenn. Code Ann. 34-6-109 may be incorporated by appropriate reference when you clearly express that intent in the document.
Record It for Real-Property Use
A power of attorney used to convey or encumber real estate must be registered. Under Tenn. Code Ann. 66-24-101 such powers of attorney and their revocations are registrable, and under Tenn. Code Ann. 66-22-101 the signature must be acknowledged or proved by at least two subscribing witnesses to register with the county register of deeds where the property is located.
Special Powers Need Express Language
Certain high-risk powers, sometimes called hot powers, are allowed only if your document specifically grants them. Under Tenn. Code Ann. 34-6-108(c) the incorporated statutory powers do not by themselves let your agent make gifts, revoke or amend a trust, change beneficiary designations, modify survivorship rights, disclaim property, or claim an elective share. Gift authority is addressed by Tenn. Code Ann. 34-6-110.
Agent Is a Fiduciary and May Be Revoked
Under Tenn. Code Ann. 34-6-107 your agent is a fiduciary, to the extent the agent undertakes to act, with a duty to adequately account for actions taken under the power. Under Tenn. Code Ann. 34-6-105 you may revoke while you still have capacity, and a third person without actual knowledge of the revocation is protected when acting in good faith. If the document was recorded, record the revocation too.

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Introduction

Key Things to Know

Key decisions before you file

Customize your Durable Power of Attorney Template with DocDraft

Tennessee Requirements for Durable Power of Attorney

Put It in Writing and Sign It

No General Witness or Notary Is Required for Validity

Durability Language Is Required

Springing Effective Date (Optional)

No Mandatory Statutory Form (Powers by Reference)

Record It for Real-Property Use

Special Powers Need Express Language

Agent Is a Fiduciary and May Be Revoked

Does your Durable Power of Attorney need to be notarized in Tennessee?

Frequently Asked Questions