Updated on September 1st, 2022
A Tennessee durable power of attorney is a legal document that is designed to enable an attorney-in-fact to represent the principal signatory in financial matters. It is essential that the individual chosen is trustworthy and knows the principal well, as this power of attorney persists beyond the point of the principal’s incapacitation. That means that the agent in question will be responsible for continuing to ensure that the individual’s finances are managed according to their wishes after they’ve become so ill or otherwise immobilized and debilitated that they can no longer accurately communicate their wishes.
Agent’s Duties – § 34-6-109
Laws – Title 34, Chapter 6, Part 1
Signing Requirements – Not mentioned in state statutes.
Statutory Form – Not found in state statutes.
Statute – Tenn. Code Ann. § 34-6-102
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…showing the intent of the principal that the authority conferred shall be exercisable, notwithstanding the principal’s subsequent disability or incapacity.