Types

Power of Attorney For Health Care / Advance Directive for Health Care – Allows an attorney-in-fact to make health care decisions on behalf of a principal who has a terminal condition, as defined by state law.

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Durable (Financial) Power of Attorney – A POA of a durable kind usefully allows for a principal to pre-empt circumstances in which they cannot properly communicate their wishes due to a severe health condition but want to appoint another party to carry out such wishes in their stead.

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General (Financial) Power of Attorney – This type of POA, as opposed to a Durable POA, makes the principal’s requirement that the POA must to end upon their incapacitation or death legally-binding.

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Limited (Special) Power of Attorney – An agent to a Limited Power of Attorney must only act within the scope they legally acknowledged and agreed to upon signing the POA document.

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Minor Child Power of Attorney – Parents or guardians wishing to enact a Minor Child Power of Attorney should first familiarize themselves with Tennessee’s state laws that directly address such arrangements.

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Motor Vehicle Power of Attorney (Form RV-F1311401) – A vehicle owner who needs to transfer ownership of their vehicle when they no longer possess their original certificate of title can do so by filling out Form RV-F1311401, otherwise known as a Power of Attorney For Vehicle Transactions form.

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Real Estate (Property) Power of Attorney – An individual can elect an agent to acquire or sell a property, refinance a mortgage, and conduct other real estate related tasks on their behalf using this document.

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Revocation of Power of Attorney – A principal can revoke a power of attorney at any time by stating their decision to do so in writing. A Revocation of Power of Attorney is designed for this specific purpose.

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State Tax Filing Power of Attorney (Form RV-F0103801) – Any individual can fill out Form RV-F0103801 in order to elect a representative to represent them before the Tennessee Department of Revenue regarding the tax matters they specify in the form.

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What is a Tennessee Power of Attorney?

A Tennessee Power of Attorney allows a Principal to name an Agent to carry out, on their behalf, any range of matters they specify. Tennessee’s Power of Attorney laws are established in Title 34, Chapter 6—of which is divided into four (4) parts. Any individual who is considering creating a Power of Attorney (POA) should reference the most relevant part to their circumstances. Durable and General POA provisions are found in Part 1; POA for Health Care provisions are found in Part 2; and POA for a Minor Child provisions are found in Part 3 and 4.

• Tennessee Power of Attorney Laws – (Title 34, Chapter 6, Part 1, “Uniform Durable Power of Attorney Act”) and (Title 34, Chapter 6, Part 2, “Durable Power of Attorney for Health Care”)
• State Definition of Durable Power of Attorney (§ 34-6-102) – “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.”
• State Definition of Durable Power of Attorney for Health Care (§ 34-6-201(1)) –
  “means a durable power of attorney to the extent that it authorizes an attorney in fact to make health care decisions for the principal.”
• Signing Requirements
  • General / Durable Power of Attorney – Signing requirements are absent from Tennessee’s POA laws, so the Principal is advised to sign the POA in the presence of a Notary Public and two (2) witnesses.
  • Power of Attorney For Health Care / Medical Power of Attorney (§ 34-6-203) – State law dictates that this document must be signed by the Principal and be a) attested by a Notary Public with no witnesses, or b) witnessed by two (2) qualified witnesses without attestation by a Notary Public.

When is it Effective?

The state does not mandate any signing requirements for a General / Durable Power of Attorney to be effective. Therefore, any Principal to a POA is recommended to sign the POA in the presence of a Notary Public and two (2) witnesses.

In order for a Durable Health Care Power of Attorney to be effective, § 34-6-203 states that the Principal must sign it, and this signature must be either be:

1. Attested by a Notary Public with no witnesses, or
2. Witnessed by two (2) witnesses without attestation by a Notary Public.

If witnesses will serve, state law necessitates that the requirements established by § 34-6-203(a)(3) are duly upheld. The POA must contain an attestation clause that attests to the witnesses’ compliance with these requirements.

Minor Child Power of Attorney arrangements are governed by a separate set of laws altogether, namely the Power of Attorney for Care of a Minor Child Act. These laws state that in order for this type of Power of Attorney to be validly executed, “the power of attorney for care of the minor child shall be signed and acknowledged before a Notary Public by the parent.”

Sample Template