Tennessee Power of Attorney
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Tennessee Legal Requirements
Key TN statutes and obligations that apply to your power of attorney.
Requirements
- Governed by TCA § 34-6-101 et seq. (Tennessee Durable Power of Attorney Act)
- Principal must be 18+ and have legal capacity
- Must be signed by the principal (or another at principal's direction)
- Must be notarized — acknowledgment before a notary is required for validity
- Two witnesses required in addition to notarization (TCA § 34-6-102)
- Healthcare decisions require a separate Tennessee Health Care Advance Directive (TCA § 68-11-1801 et seq.)
Restrictions & Limits
- Agent may not create or revoke principal's will, make gifts beyond personal needs, or change trust beneficiaries without specific authority
- POA for real estate must be notarized and may need to be recorded with the county register of deeds
- A POA made under duress or when principal lacked capacity is voidable
Official Statute References
Primary Tennessee statutes governing this document type.
Tennessee Power of Attorney FAQ
Common questions about power of attorneys under Tennessee law.
What are the witness and notarization requirements for a Tennessee POA?
Under TCA § 34-6-102, a Tennessee power of attorney must be signed by the principal, acknowledged before a notary public, and signed by two witnesses. The agent, the notary, and heirs of the principal cannot serve as witnesses. All three formalities must be completed for the POA to be valid.
What makes a Tennessee power of attorney durable?
Under TCA § 34-6-102, a POA is durable if it expressly states that it is not terminated by the principal's subsequent disability or incapacity. A standard phrase: 'This power of attorney shall not be terminated by disability, incapacity, or uncertainty as to whether the principal is dead or alive.'
Can I use a Tennessee POA for medical decisions?
No. A standard financial POA does not authorize healthcare decisions in Tennessee. You need a separate Tennessee Advance Directive (TCA § 68-11-1801), which includes a designation of healthcare agent and instructions for end-of-life care. Tennessee law requires a separate document for healthcare authority.
Does a Tennessee POA need to be recorded?
Recording is not required for most purposes, but if the POA will be used for real estate transactions, it should be recorded with the county register of deeds in the county where the property is located. Recording gives constructive notice to third parties that the agent has authority.
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Power of Attorney by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.