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It additionally serves to assign an attorney-in-fact to make decisions on their behalf if they can no longer communicate their treatment preferences due to a comatose, vegetative, or other sustained unconscious state. The durable (financial) agreement issues authority for specified financial transactions with the unique distinction to endure after the principal’s incapacitation, should it occur. Alternatively, the limited and general power of attorney arrangements cater to a granting finite amount of privileges with termination on either an indicated expiration date or upon the incapacitation of the principal. Specific use POAs will allow for the agency to be bestowed to a person on relevant matters relating to a motor vehicle, real property, tax accounts, or minor child(ren).
Laws
Statutes – Tennessee Code Annotated Chapter 6: Power of Attorney (§ 34-6)
Definition – “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” (§ 34-6-102).
Signing Requirements – Execution of any power of attorney document will obligate endorsement under the supervision and attesting signature of either a notary or two (2) valid witnesses (§ 68-11-1803(b) and § 34-6-203).
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Prepares a registered account of desired health care options and designates an agent to make decisions for a person in the event they can no longer communicate their selections.
Download: PDF
Signing Requirements: Acknowledgement is necessitated by a licensed notary or two (2) authorized witnessing parties.
Durable (Financial) Power of Attorney – Implements the issuance of permissions to manage specified financial dealings to another. The contract serves to remain in effect should the granting party be deemed incapacitated.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by notary or two (2) acceptable witnesses is required.
General (Financial) Power of Attorney – Provides a document to enforce authority on financial assets or legal proceedings to an alternate individual from a granting principal.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement mandated by notary official or two (2) disinterested witnesses.
Limited (Special) Power of Attorney – Creates a restricted version of a general power of attorney contract to extend limited agency.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement must be achieved with the aid of a notary or two (2) suitable witnesses.
Minor Child Power of Attorney – Dictates the terms of the temporary third-party guardianship of a minor.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement from notary with up-to-date licensure must view the signing of the accord.
Motor Vehicle Power of Attorney – Defines the conditions of owner-endowed authorized access to handle transactions connected to a vehicle.
Download: PDF
Signing Requirements: Acknowledgement by an outside party is not mandated by law.
Real Estate Power of Attorney – Puts forth the privilege(s) to manage, sell, buy, and/or refinance property temporarily to another assigned person.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment by a notary or two (2) witnesses is obligated by state law to enforce the accord.
Revocation of Power of Attorney – Allows a principal to negate the terms of an existing power of attorney agreement.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by notary or two (2) witnessing parties is needed to validate.
Tax Power of Attorney – Declares the particulars of an arrangement to assign a person to represent another on tax matters.
Download: PDF
Signing Requirements: Acknowledgement can be obtained with signatures from the agent and principal.
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