Tennessee Power of Attorney Guide

Power of Attorney in Tennessee

Tennessee's Uniform Power of Attorney Act (T.C.A. § 34-6-101 et seq.) was modernized in 2016 to align with national standards. A properly executed Tennessee POA requires notarization and — for healthcare documents — two witnesses.

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Types of Power of Attorney in Tennessee

Durable Power of Attorney

T.C.A. § 34-6-109

Survives the principal's incapacity. The document must expressly state that it is intended to be durable — either with the standard statutory language or equivalent wording. A durable POA is the cornerstone of estate planning and elder care preparation in Tennessee.

•Financial management during incapacity
•Elder care and nursing home planning
•Long-term estate planning
•Alzheimer's and dementia planning

Healthcare Power of Attorney / Advance Directive

T.C.A. § 68-11-1802 et seq.

Tennessee's Advance Care Plan Act allows you to designate a healthcare agent and provide medical instructions. A healthcare power of attorney within the advance directive must be signed before two adult witnesses who are not the agent or your healthcare provider.

•Medical treatment decisions
•End-of-life care instructions
•Organ donation preferences
•Consent to procedures

Limited (Special) Power of Attorney

T.C.A. § 34-6-102

Grants authority for a specific act or limited period. Terminates upon completion of the specified task or expiration of the time stated. Must still be notarized to be legally effective in Tennessee. Common for property transactions when a party cannot attend the closing.

•Real estate closings
•Single financial transaction
•Vehicle sale or purchase
•Filing a specific return

General Power of Attorney

T.C.A. § 34-6-101

Grants broad authority over financial, legal, and property matters. Terminates upon incapacity unless also designated as durable. Because a general POA without durability language terminates at incapacity, most estate planning attorneys recommend the durable version.

•Temporary broad authority
•Military deployment
•Extended travel abroad
•Business management

Tennessee POA Execution Requirements

Principal Signature

You (the principal) must sign the POA, or another person may sign at your direction in your conscious presence if you are physically unable to sign.

Notarization (Financial POA)

Tennessee financial and durable POAs must be acknowledged before a notary public. Under T.C.A. § 34-6-105, a POA that is signed and notarized is valid without witnesses for financial matters.

Two Witnesses (Healthcare POA / Advance Directive)

Healthcare POAs and advance care plans require two adult witnesses who: (a) are not the healthcare agent, (b) are not related to the principal by blood or marriage, (c) are not entitled to any portion of the principal's estate, and (d) are not the principal's healthcare provider.

Durability Language (if desired)

For the POA to survive incapacity, it must include express durability language such as: "This power of attorney shall not be terminated by the disability, incompetency, or incapacity of the principal" (T.C.A. § 34-6-109).

Tennessee Agent Duties and Powers

Under T.C.A. § 34-6-116, a Tennessee agent must act in the principal's best interest, avoid conflicts of interest, and keep accurate records. The Uniform Power of Attorney Act (adopted by Tennessee in 2016) grants agents the following default powers when expressly included in the POA document:

Financial

•Real property transactions
•Personal property transactions
•Bank accounts and deposits
•Investment accounts
•Business operations

Legal / Administrative

•Tax matters and returns
•Litigation and settlements
•Insurance management
•Estate planning documents
•Government benefits claims

Personal

•Gift giving (with limits)
•Family maintenance
•Personal and family support
•Retirement plan transactions
•Trust transactions (if authorized)

Note: Under Tennessee's Uniform POA Act, certain powers — including making gifts, creating trusts, and changing beneficiary designations — require express authorization in the POA document and cannot be implied from general language. Without this specific language, the agent cannot exercise these powers.

Revoking a Tennessee Power of Attorney

Execute a written revocation

Draft a document that clearly identifies the POA being revoked (by date of execution and agent's name) and states your intent to revoke. While notarization is not legally required, it is strongly recommended to ensure acceptance by banks and other institutions.

Notify the agent in writing

Deliver the revocation to the agent. Under T.C.A. § 34-6-119, a termination of a POA is not effective as to a third party who, without actual knowledge of the termination, acts in reliance on the POA. Prompt written notification is essential.

Notify all relevant third parties

Send copies of the revocation to every institution (banks, investment firms, healthcare providers) that has a copy of the original POA. Request written confirmation that they have updated their records.

Record revocation for real property matters

If the POA was or could have been used for real estate transactions in Tennessee, record the revocation with the county register of deeds in each county where the principal owns property.

Tennessee Power of Attorney Documents

Durable, Healthcare & Limited POA

Get Tennessee-compliant power of attorney documents — durable POA with statutory durability language, healthcare advance care plan, and limited POA — formatted for Tennessee notarization requirements.

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For informational purposes only. Not legal advice. Consult an attorney for your specific situation.