A Tennessee Power of Attorney Form or power of attorney form for TN is a legal document that you can use to give someone else the authority to make decisions on your behalf.
You will be referred to as the principal, and the trusted individual to whom you are giving this kind of authority will be referred to as the agent.
The agent is legally allowed by the power of attorney from TN to make decisions in different situations such as financial and medical ones. As the principal, you can choose the rights and powers you want to give to your agent. Also, as the principal, you can determine the validity period of the power of attorney form, which is usually for a limited time or a lifetime. The principal must make the power of attorney form valid by signing it under the Tennessee State Laws.
Types of Power of Attorney
There are different types of Tennessee power of attorney forms that you can use based on your requirements. Some of the types of power of attorney forms TN include:
Durable (Financial) Power of Attorney
A Tennessee durable (financial) power of attorney form is a document that allows the principal to select an attorney-in-fact or an agent to make financial and business decisions on their behalf. This power of attorney form will remain valid. The agent can use it even if the principal is mentally disabled, incapacitated, or not competent to make their own decisions.
The durable power of attorney form TN is also known as a general durable power of attorney and a durable power of attorney for finances TN. The power of attorney form must use specific language, be signed in the presence of two witnesses, and be notarized. There is no established statutory form in Tennessee state regarding this power of attorney form, but there are specifications about the agent’s authority. The supporting laws include § 34-6-103 and § 34-6-109.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
A general (financial) power of attorney is a document that enables you as the principal to appoint an agent to handle financial decisions and actions on your behalf in Tennessee. This is different from the durable (financial) power of attorney since it does remain valid once the principal is mentally disabled, incapacitated, or incompetent.
The agent, in this case, can be a trusted relative, friend, or qualified professional. The general (financial) power of attorney form TN should include instructions that terminate the agent’s authority once you as the principal are declared unable to communicate and diagnosed by a physician. This form requires signing to be done in two witnesses or a notary public. The supporting law is Chapter 6 – Power Of Attorney statutes.
Download: Microsoft Word (.docx)
Limited Power of Attorney
A Tennessee limited power of attorney form is a document used by a principal to delegate your principal authority if you need to limit your agent about representing you in some issues or for a specified time. The situation can either be a financial or personal matter. For this limited power of attorney, the appointment of the agent is meant to focus on completing a particular mentioned task on behalf of the principal, which is usually not a long-term affair, unlike the general power of attorney form TN.
According to the language used, the agent who is chosen to represent the principal is not allowed to overstep the set boundaries. You, as the principal, will choose an agent to complete one particular task, but the agent will not have power over your other affairs.
There are no statutory phrases in Tennessee mentioned for this power of attorney, but the form must be notarized or signed in the presence of witnesses. The supporting law is Chapter 6 – Power Of Attorney statutes.
Download: Microsoft Word (.docx)
Medical Power of Attorney
A Tennessee medical power of attorney (MPOA) form is a document meant to enable you as the principal to choose an agent or an attorney-in-fact who will make medical or health care decisions on your behalf. In Tennessee state, this MPOA is also known as Tennessee durable medical power of attorney or Tennessee health care POA. The agent will be able to make decisions if you cannot communicate due to your ill state. For example, you can choose to refuse any assistance related to eating or drinking.
Your agent will have the power to handle your treatment to keep you out of pain and stay comfortable. This power of attorney is essential and can sometimes narrow down to life-or-death decisions. When creating this medical power of attorney TN, you need to observe the signing requirements and the supporting laws.
There must be two witnesses present for the signing requirements, and the form should be notarized. The supporting laws and statutes include § 34-6-201(1), § 34-6-203(a)(3) and Tennessee Code Title 34, Chapter 6, Part 2 (Durable Power of Attorney for Health.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
A Tennessee minor (child) power of attorney form is a legal document that allows the guardian(s) or parent(s) of a minor to deal with their general care, health, and education needs for a given time. This document is limited in Tennessee, unlike most states. It can only be used upon a specified event like an extended hospital stay, severe illness, or temporary loss of employment.
In Tennessee state, this document does not automatically guarantee educational enrolment or health care. Other documents are required since this power of attorney form may limit other authority levels. A principal can revoke this power of attorney form at any time. The supporting laws of the Tennessee minor (child) power of attorney form is § 34-6-301 to § 34-6-310, and the regulations state that the document can either be typed or printed.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
A Tennessee real estate power of attorney form is a document that enables the principal to choose an agent to handle their real property and any other real estate transactions. A principal can use this document if they are absent or ill; hence, they cannot handle their real estate business. This document is somewhat different from other power of attorney forms as it does not allow the agent to make any other decisions apart from those stipulated by the principal.
This form must be notarized or signed in the presence of two witnesses. The principal can revoke a power of attorney at any time. There are no specific statutory phrases regarding this type of power of attorney. However, if the agent wants to record the transfer of legal property with the county register on behalf of the principal, two witnesses should be present during the transaction. The supporting law of this form is Title 66 – Property statutes.
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
A Tennessee revocation power of attorney form is a document prepared and filled out by a principal to cancel or terminate an existing power of attorney form. The principal must inform all relevant parties about the termination of a power of attorney. These parties mainly include the agent, backup agent, and all institutions when they have a power of attorney on file. A signed copy of the revocation power of attorney form should also be given to these parties. The supporting law in Tennessee about this form is § 34-6-105.
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form RV-F0103801)
A Tennessee tax power of attorney form is also known as the Tennessee Department of Revenue. It is prepared to allow the principal to choose an agent, usually an accountant or attorney, who will handle tax filings, inquiries, and other functions required from taxpayers by the Tennessee Department of Revenue. For this type of power of attorney form, the principal must get permission from the department. A principal will be required to fill out a form and get it signed by the required parties in the department before the chosen agent can be allowed to perform the assigned functions.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (Form RV-F1311401)
A Tennessee vehicle power of attorney form is a document that you as the principal can prepare to allow an agent, usually a car dealer, to take care of getting a title for your motor vehicle, which is used as proof of ownership of the vehicle. The principal must include all the required details for the Tennessee Department of Revenue Vehicle Services Division to allow the titling process to happen on your behalf.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A Tennessee springing power of attorney is a form that will apply or be valid in a future time when a particular event has happened. This means that the document and its power will “spring” into action at that specific time.
Download: Microsoft Word (.docx)
Governing Laws
There are laws in Tennessee state that facilitate the preparation of a power of attorney form, the content it will entail, and the kind of authority the form gives to the agent. These laws deal with both the power of attorney form TN and the durable power of attorney form TN.
- In Tennessee, according to the durable power of attorney form, the agent retains the same authority as when the principal was not disabled or was competent.
- The power of attorney form, according to this law, is only valid if the principal stated in writing that they have appointed someone to act on their behalf and have bestowed them with authority to make decisions.
- Also, the form should include 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.” This will help establish the principal’s intent when they prepare the form.
- Tennessee state does not have specific laws concerning signing the power of attorney form. Still, it has signing requirements for the health care power of attorney form and the durable power of attorney form TN. In addition, there must be two witnesses for both power of attorney forms during the signing process, and notarization should be done on the form.
- In Tennessee state, there is no statutory form for a power of attorney form.
- The statutory phrase has guidelines for specific powers that entail life-prolonging acts in Tennessee state. This includes any procedure from diagnosis, assessment to treating a disease, illness, or injury, including surgery, drugs, transfusions, mechanical ventilation, dialysis, CPR, artificial nourishment, hydration, or other nutrients and radiation.
- According to state law, the durable power of attorney TN is revocable in five different ways. First, you can inform the attorney in writing or orally that you are revoking the authority. Second, you can inform the health caregiver either orally or in writing that you are revoking the authority. Third, you can implement the successive durable power of attorney. Also, the durable power of attorney is revocable after a divorce, especially if the spouse was the chosen agent. Finally, it is revocable if the principal’s wishes are more than what the durable power of attorney form entails.
- For this case, the document is effective only if it observes all the Tennessee State Laws regarding preparing a power of attorney form.
- If the physician is unwilling to follow the durable power of attorney TN, a prompt and orderly transfer of the principal from that particular physician is required.
- The State Law TN guarantees that there will be no criminal, civil or professional liability for a physician who is acting in good faith.
POA TN Requirements
For the power of attorney TN to be valid, there are requirements that the principal and agent must observe when preparing the form. Tennessee state requires that the power of attorney form be in writing and should include the name and signature of the principal and the agent, the date of execution, and the details of authority or powers granted.
Durable POA TN Requirements
The validity of the durable power of attorney TN depends on specific law requirements and regulations. The form must include the required language, observe the relevant laws, including the presumed durable number, must be signed, notarized, and not require a statutory form.
How to Fill Out the Power of Attorney TN Form?
Some steps must be followed when filling the power of attorney form TN. Here are the steps to follow:
Get the form
To get the power of attorney form, it is best that you, as the principal, access and download the power of attorney from TN. After that, you will need to set up a power of attorney by filling out the form and then signing this document alongside your chosen agent.
Designate an agent
The principal must choose an agent; this is usually a person they trust to execute the authority on behalf of the principal’s benefit. A principal must be careful about a power of attorney, as there are risks in giving an individual, such legal power.
Grant authority
The power of attorney form usually has sections that outline the principal’s authority to grant the agent. That means the principal should go over the form and select the sections they want to grant the legal agent power over. These include specific decisions ranging from operating businesses to taking a loan. In addition, the principal must include instructions about the particular actions the agent is allowed to perform and make decisions on their behalf.
Ensure form durability
After selecting an agent and granting them authority, the principal should make the form durable according to the laws of Tennessee state. This means that even if the principal becomes incapacitated or disabled, the agent can continue to act under a power of attorney. Specific language must ensure that the power of attorney form is durable.
Sign and date the form
The last step in preparing the power of attorney form TN is the signing and including a date. The principal and the agent must sign the form.
Free Templates
Storage and Usage of POA in Tennessee
For storage and usage of a power of attorney in Tennessee state, there are steps that you should observe. First, it is essential to complete the paperwork before you can store it in a safe place. Ensure that, as the principal, you have given the agent a copy of a power of attorney TN for use. A copy of the power of attorney form can also be given to a family member, trusted friend, and a third party such as a bank or landlord.
Signing on behalf of the principal
An agent can now use a copy of the form to make legal decisions on your behalf as the principal. The agent will sign on your behalf in the following way:
Principal’s name]
by [agent’s name]
Power of attorney
You must contact the place where the form will be used to prove that you are the principal, and that is your agent by providing an ID.
Revoking a durable POA
To revoke a durable power of attorney TN, you can do it at any time by filling out and signing the revocation of power of attorney form. However, in case the principal is incapacitated, they cannot revoke the durable power of attorney TN. In this case, a chosen third party can override it in case of negligence abuse.
Bottom Line
Whether it is a power of attorney or durable power of attorney form for TN, ensure that you observe all the Tennessee state laws and regulations while preparing them as the principal. This way, the form becomes valid, and the agent can use it for your benefit. As the principal, you need to choose an agent you trust before granting them the authority to make legal decisions for you. The governing laws of Tennessee state regarding the power of attorney form can help to guide you when it comes to preparing, storing, and using it.
