A Tennessee power of attorney grants a citizen of the state the legal rights to choose someone to stand in for him/her in all matters relating to his/her finances, businesses, taxes and child care cases. The one who grants these powers to the other is known as the principal while the other party is known as a proxy, agent or attorney-in-fact.
It is at the sole discretion of the principal to make the arrangement a durable one or leave it non-durable. This article reveals a lot more about power of attorney Tennessee and what the laws of the state say about it.
What is Tennessee Power of Attorney?
By signing a power of attorney form Tennessee, a principal agrees to being represented by an agent in all matters or specific matters as dictated by the content of the document. If this agent is expected to continuously represent the principal beyond when the principal is incapacitated, it is known as a durable power of attorney Tennessee. Otherwise, it is non-durable.
The contents of the power of attorney form must conform to Title 34, Chapter 6 of the Tennessee Code. In terms of a durable power of attorney TN, the state has adopted the Uniform Durable Power of Attorney Act allowable in most states in the US.
What's Covered in a Tennessee Power of Attorney?
The following are what is covered in chapter 6 of the Tennessee Code:
- Conservatorship: The laws of the state say that should a conservator or guardian be appointed; the principal’s agents remain accountable to them.
- Revocation: The state laws state that the demise of the principal does not in any way invalidate the decisions of the agent as long as they were made without knowledge of the principal’s death and these decisions or actions bind the principal’s successors.
- Durability of power of attorney: A power of attorney TN is only seen as durable if it clearly stated that the powers will not be revoked on subsequent disability of the principal or the principal’s incompetence.
Types of Power of Attorney in Tennessee
Durable power of attorney:
With a durable power of attorney, the powers vested on the agent do not expire with the incapacitation of the principal. The agent is allowed to make decisions and take actions in the name of the principal beyond when the principal no longer has a sound sense of judgement.
Medical power of attorney:
This advance directive gives the agents powers to dictate to doctors and caregivers how they should manage the care of the principal when he/she becomes incapacitated.
Power of attorney for minor child(ren):
A principal may make arrangements for a third party to assume parental responsibility for a minor during a particular period using a power of attorney for minors.
Why Would You Use a Tennessee Power of Attorney Form?
Citizens of the state should consider filling and executing a Tennessee power of attorney form if they;
- wish to give someone temporary powers to act in their name when they are out of the country for a while in child care, or financially-related matters
- wish to authorize a family member to take decisions on their behalf should they become incapacitated
What Are The Power of Attorney Requirements in Tennessee?
All power of attorney forms TN must be signed and executed according to the provisions of the Tennessee law to be regarded as valid or effective. Here are some other requirements to be met:
- Documents should be signed by the principal and agent
- In the case of a healthcare power of attorney, the signing should be witnessed by people who do not share personal interests in the transfer of authority. Another option is getting it notarized by a notary public.
- For a power of attorney for tax, the agent must be named and the relationship with the principal clearly written out.
- Document must also contain the date of execution and powers granted to the agent
Since an agent is meant to act in the best interests of the principal or grantor, the latter is legally permitted to revoke this power of attorney when he/she no longer feels comfortable with the agent representing his/her interests. The principal also needs not state any particular reasons.
However, the principal must notify the agent and sign a new power of attorney form or a revocation form to make the revocation effective. Although optional, it is also recommended that the grantor informs every business partner he/she is involved with that the agent no longer has the legal rights to represent his/her interests.
Drafting a power of attorney Tennessee shouldn’t be difficult if you know where to look. CocoSign has a lot of downloadable and free templates and fillable forms you can start with and they are free!
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