Power of Attorney in Tennessee
What a Tennessee power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: Tennessee follows the Uniform Durable Power of Attorney Act. A power of attorney is durable only if the writing says so, for example 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal' or 'shall become effective upon the disability or… Tenn. Code Ann. §§ 34-6-101 to 34-6-110 (esp. § 34-6-102, § 34-6-108, § 34-6-109)
| Financial power of attorney | Tennessee follows the Uniform Durable Power of Attorney Act. A power of attorney is durable only if the writing says so, for example 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal' or 'shall become effective upon the disability or incapacity of the principal,' or similar words. There is no mandatory statutory form, but a power of attorney may incorporate by reference a list of general powers set out in the statute. The agent is a fiduciary who must account for actions taken, and next of kin may ask a court to require the agent to post bond if the principal becomes incapacitated. Official code not freely readable online; text verified on a public code mirror (code year 2024). These sections do not set a witness or notary requirement for a financial power of attorney; one used for real estate must be acknowledged so it can be recorded. |
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| Health care directive | An adult or emancipated minor may sign an advance directive for health care (which can include a living will and the appointment of a health care agent). It must be in writing, signed by the principal, and either notarized or signed by two competent adult witnesses. A witness may not be the agent, and at least one witness must not be related to the principal by blood, marriage or adoption and must not be entitled to any part of the principal's estate. The directive must contain an attestation clause confirming the witnesses qualify. Unless the directive says otherwise, the agent's authority starts only when the designated physician determines the principal lacks capacity. Official code not freely readable online; text verified on a public code mirror (code year 2024). Living wills and health care powers of attorney made under older Tennessee laws remain valid. |
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FAQ
What are the requirements for a power of attorney in Tennessee?
Tennessee follows the Uniform Durable Power of Attorney Act. A power of attorney is durable only if the writing says so, for example 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal' or 'shall become effective upon the disability or incapacity of the principal,' or similar words. There is no mandatory statutory form, but a power of attorney may incorporate by reference a list of general powers set out in the statute. The agent is a fiduciary who must account for actions taken, and next of kin may ask a court to require the agent to post bond if the principal becomes incapacitated.
What are the requirements for a health care directive in Tennessee?
An adult or emancipated minor may sign an advance directive for health care (which can include a living will and the appointment of a health care agent). It must be in writing, signed by the principal, and either notarized or signed by two competent adult witnesses. A witness may not be the agent, and at least one witness must not be related to the principal by blood, marriage or adoption and must not be entitled to any part of the principal's estate. The directive must contain an attestation clause confirming the witnesses qualify. Unless the directive says otherwise, the agent's authority starts only when the designated physician determines the principal lacks capacity.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.