The Tennessee Minor Child Power of Attorney constitutes a legal bond to temporarily extend parental powers to a designated individual. The type of authority granted with the document must meet stipulated criteria to be legally instated. The state of Tennessee specifies that temporary guardianship can only be appointed “when hardship prevents the parent or parents from caring for the child” (§ 34-6-302). Accepted examples of hardships include:
- Physical condition impairing a parent’s ability to supervise the child
- Mental condition impairing a parent’s ability to supervise the child
- Incarceration of the parent
- Severe illness of the parent
- Child’s home lost or deemed unlivable due to a natural disaster
The agreement must be completed with the names and contact information on the parent(s)/guardian and caregiver and the initiated permissions to be issued. Signatures require corroboration from a licensed notary or two (2) witnessing parties.
Laws
Statute – Uniform Durable Power of Attorney Act ( § 34-6-101 – § 34-6-112)
Definition – § 34-6-302
Signing Requirements – A Notary or two (2) acceptable witnesses must be present to affirm the execution of the contract. Both parents (if applicable) or the lawful guardian of the child must sign the legal form to institute the endowment of agency (§ 34-6-302).
Additional Resources
Tennessee Senior Law Alliance – Grandparents Raising Grandchildren
U.S. Department of Health and Human Services Children’s Bureau – Standby Guardianship information
Related Forms
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word (.docx)
Tennessee Revocation of Power of Attorney for Care of a Minor Child
Download: Adobe PDF, MS Word (.docx)
Revocation of Power of Attorney
Download: Adobe PDF, MS Word (.docx)