Tennessee General Durable Power of Attorney — Your Filing Guide
What This Document Does
A Power of Attorney (POA) is a legal document that lets you choose someone you trust to make financial and property decisions for you. This is a "General Durable" Power of Attorney, which means:
- General: Your agent can handle almost all your financial matters
- Durable: It stays in effect even if you become incapacitated or unable to make decisions
When to Use This
Use this document if:
- You want someone to handle your finances if you become unable to do so
- You are planning for possible future incapacity
- You travel frequently and need someone to manage your affairs while away
- You are age 70 or older and want to protect yourself while maintaining control (under TN Code § 39-15-501, "elderly adult" means a person 70+ years of age)
- You have a disability and need help managing daily financial tasks
Who Should Be Your Agent?
Choose someone who:
- You trust completely with your money and property
- Is organized and responsible with finances
- Lives nearby or can easily handle your affairs
- Understands your wishes and values
- Is willing to serve as your agent
Who Should NOT Be Your Agent?
- Anyone who has financial problems or has mismanaged money
- Anyone who might benefit from your assets inappropriately
- Anyone you don't know well or have known for only a short time
Before You Sign
Gather these items:
- [ ] Full legal name and address of your chosen Agent
- [ ] Full legal name and address of a Successor Agent (backup)
- [ ] Your government-issued photo ID (driver's license, passport)
- [ ] Access to a notary public (banks often provide this service free)
- [ ] Two witnesses (if required by your bank or institution)
Step-by-Step Execution
- Read the entire document carefully. Make sure you understand every power you are granting.
- Fill in all blanks. Replace all bracketed text with your real information:
- Your full legal name and address
- Your Agent's full legal name and address
- Successor Agent's name and address (optional but recommended)
- Review the powers. The document grants 19 categories of powers. If you want to limit any powers, cross them out and initial beside the change before signing.
- Sign in front of a notary.
- Do NOT sign until you are in front of the notary
- Bring your government-issued photo ID
- Sign exactly as your name appears in the document
- Have the notary complete the acknowledgment section. The notary will:
- Verify your identity
- Watch you sign
- Apply their seal and signature
- Make copies. Keep the original in a safe place. Give copies to:
- Your Agent
- Any banks or financial institutions where your Agent will act
- Your attorney (if you have one)
Where to Find a Notary
- Banks and credit unions (often free for customers)
- UPS Store or FedEx Office ($5–$15)
- County Clerk's office
- Law offices
- Some public libraries
What Your Agent Can Do
With this Power of Attorney, your Agent can:
- Access your bank accounts
- Pay your bills
- File your taxes
- Buy or sell property
- Manage investments
- Handle insurance claims
- Apply for government benefits
- Make gifts (within limits)
What Your Agent Cannot Do
Your Agent cannot:
- Make medical decisions for you (you need a separate Healthcare Power of Attorney)
- Change your will
- Act against your best interests
- Use your money for their own benefit
- Continue acting after your death
Revoking a Power of Attorney
You can revoke this Power of Attorney at any time by:
- Writing "REVOKED" across the original document and signing and dating it
- Creating a written revocation and having it notarized
- Notifying your Agent in writing
- Notifying all banks and institutions that have a copy
Key Tennessee Statutes
| Statute | What It Means |
|---|---|
| Tenn. Code Ann. § 34-6-101 | Tennessee Durable Power of Attorney Act |
| Tenn. Code Ann. § 34-6-102 | Durability provisions |
| Tenn. Code Ann. § 34-6-103 | Agent's duties and responsibilities |
| TN Code § 39-15-501 | Elder/vulnerable adult definitions — protects adults 70+ |
| TN Code § 39-15-502 | Financial exploitation crime — agent abuse is punishable |
| TN Code § 29-14-105 | Conservatorship/fiduciary proceedings |
Frequently Asked Questions
Q: When does this POA become effective?
A: Immediately upon signing. It does not require a doctor's determination of incapacity.
Q: Does my Agent have to accept?
A: No. Your Agent can decline. That's why naming a Successor Agent is important.
Q: Can I have more than one Agent?
A: Yes. You can name co-agents who must act together, or name successor agents who act if the first cannot serve.
Q: Does this POA expire?
A: No, unless you specify an expiration date or revoke it. It ends automatically upon your death.
Q: Do I need to file this with the court?
A: Generally no. Some institutions may require you to record it with the county if real estate transactions are involved.
ELDER PROTECTION: Know Your Rights
If you are 70 or older, or if you have a disability, Tennessee law protects you from financial exploitation.
What is Financial Exploitation?
Under TN Code § 39-15-501, financial exploitation includes:
- Using deception, intimidation, or force to control your property
- A caregiver, guardian, or agent under a power of attorney misusing your money
- Taking your property without your consent
What to Do if You Suspect Abuse
Under TN Code § 39-15-502, financial exploitation is a crime punished one classification higher than theft. You have the right to:
- File a police report
- Request the court freeze the exploiter's assets
- Sue for recovery of your money and property
Report Suspected Abuse:
- Tennessee Adult Protective Services: 1-888-APS-TENN (1-888-277-8366)
- Available 24/7 — Calls are confidential
- Online Report: tn.gov/dcs/adult-services.html
Signs Your Agent May Be Misusing Your POA:
- Money missing from your accounts
- Unexplained withdrawals or transfers
- Bills not being paid
- Changes to your will or beneficiaries you didn't authorize
- Agent refuses to show you account statements
Legal Aid Resources
If you need free legal help:
- West Tennessee Legal Services: (901) 523-8822
- Legal Aid Society of Middle Tennessee: (800) 238-1443
- Legal Aid of East Tennessee: (423) 756-4013
- Tennessee Bar Association Lawyer Referral: (800) 899-6993
- Tennessee Commission on Aging & Disability: (866) 836-6678 — Elder law specialists
- Find more: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid
Storage and Distribution
| Who Gets a Copy | Why |
|---|---|
| You (original) | Keep in a safe, accessible place |
| Your Agent | So they can act immediately if needed |
| Your bank | To authorize Agent access to accounts |
| Your attorney | For their records |
| Successor Agent | So they're prepared if needed |
Disclaimer
This guide and the Power of Attorney form are for informational purposes only and do not constitute legal advice. Powers of Attorney involve significant legal rights. For legal advice specific to your situation, legal advice, contact a licensed Tennessee attorney or the legal aid organizations listed above.
Jurist-Diction is not a law firm. We are not your attorney. No attorney-client relationship exists.
Templates are for informational purposes only and do not constitute legal advice.