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Tennessee Durable (Financial) Power of Attorney Form

A Tennessee durable power of attorney form allows for the designation of a person ("agent") to handle financial decision-making and affairs during the lifetime of someone else ("principal"). Because it is "durable," the representation will remain valid even if the principal should become incapacitated.
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Updated June 18, 2024

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Signing Requirements

While no specific state laws exist, authorizing a health care power of attorney requires two witnesses or a notary public (§ 34-6-203). The same is recommended for this durable version.

Laws

Definition of “Durable”

All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal’s successor in interest as if the principal were competent and not disabled (§ 34-6-103).

Definition of “Power of Attorney”

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 (§ 34-6-102).

Statutory Form

The Tennessee state legislature has not created a statutory power of attorney form but has included a detailed explanation of the various powers of an attorney-in-fact in § 34-6-109.