How do I create a power of attorney in Tennessee?
Tennessee adopted the older 1979 Uniform Durable Power of Attorney Act (not the 2006 UPOAA).
1. Governing Law
Tenn. Code Ann. §§ 34-6-101 to 34-6-110 (Uniform Durable Power of Attorney Act). Healthcare at §§ 34-6-201 to 34-6-218 (Durable Power of Attorney for Health Care Act) plus Advance Care Plan under § 68-11-1803.
2. Types
3. Statutory Form
Tennessee does NOT provide a property-POA statutory short form. § 34-6-205 provides a sample Healthcare POA, and § 68-11-1803 provides an Advance Care Plan form.
4. Execution Formalities
Under Tenn. Code Ann. § 34-6-101, a durable POA must simply be a written instrument signed by the principal containing language showing the principal's intent that authority survive disability. Notarization is required for the POA to be recordable (for real estate), and virtually all financial institutions demand notarization. No witnesses statutorily required for property POA. Healthcare POA under § 34-6-203 requires either two witnesses OR notarization.
5. Durability
A POA is durable when it contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal" or similar (§ 34-6-102). NOT automatically durable.
6. Acceptance by Third Parties
Tenn. Code Ann. § 34-6-105 protects third parties acting in good-faith reliance. Section 34-6-208 (healthcare) protects providers. No UPOAA-style mandatory acceptance — refusals require litigation to compel.
7. Revocation
Principal may revoke in writing. Notice to agent and known third parties. Record revocation in the Register of Deeds if the POA was recorded. Death, divorce of spouse-agent, or court-appointed conservator terminates per § 34-6-106.
8. Special Authorities
Express grant required for gifting (especially over annual exclusion), beneficiary changes, trust amendments, and survivorship-right changes. Tennessee courts construe gifting authority narrowly absent express language.
This is legal information, not legal advice.
- Financial institution refuses POA and demands its own form
- TennCare (Medicaid) planning requires gifting authority
- Suspected agent abuse of elderly principal
- Tenn. Code Ann. § 34-6-101
- Tenn. Code Ann. § 34-6-102
- Tenn. Code Ann. § 34-6-105
- Tenn. Code Ann. § 34-6-106
- Tenn. Code Ann. § 34-6-203
- Tenn. Code Ann. § 34-6-205
- Tenn. Code Ann. § 68-11-1803
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.