- Types of Power of Attorney in Tennessee
- How to Get a Power of Attorney in Tennessee
- Tennessee Power of Attorney Requirements
- Tennessee Power of Attorney Sample
- FAQs About Tennessee Power of Attorney Forms
Tennessee Power of Attorney
Types of Power of Attorney in Tennessee
Before starting a Tennessee Power of Attorney, it is critical to know what type of POA to create. There are many different varieties of these legal instruments, and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.
The most common kinds of POA available in Tennessee include the following examples:
Durable Power of Attorney: This allows your Agent to handle estate management when you reach advanced age or if you become incapacitated through injury or disability.
Limited Power of Attorney: Lets an Agent have authority over a few specific, often one-off, tasks for a short period of time.
Medical Power of Attorney: Permits your representative to make urgent medical decisions for you if you are unconscious or incapacitated.
Real Estate Power of Attorney: Grants an Agent authority to buy and sell property in your name, or handle other real estate management tasks.
Vehicle (DMV) Power of Attorney: Gives your Agent permission to represent you at a Driver’s Services office in Tennessee or handle the buying and selling of vehicles you own.
Springing Power of Attorney: This is a type of POA that is activated only when certain situations arise. This might, for example, be when you become incapacitated or if an urgent issue arises where someone needs to act for you when you’re out of the country.
Minor (Child) Power of Attorney: Allows you to delegate your parental rights over a child to a chosen Agent. This might be necessary if you serve in the military overseas or work abroad for long periods at a time.
Tax Power of Attorney: Gives your Agent the authority to represent you at the Tennessee Department of Revenue, allowing them to complete, sign and submit government financial forms on your behalf.
How to Get a Power of Attorney in Tennessee
There are a few ways to get a Power of Attorney in Tennessee. This gives you 3 specific options to choose from:
Get it online: You can get a complete Tennessee Power of Attorney document using our online legal form maker. This will walk you step-by-step through the information you’ll need to add and help you make a legally compliant document.
Go to a lawyer: You can hire a lawyer to draw up a Power of Attorney form for you in Tennessee. However, this is often a more costly process and will often take longer to complete.
Get it from a government office: Pre-printed forms for Tax orVehicle POAs can be obtained from Tennessee government offices such as Driver’s Services or the Department of Revenue.
Tennessee Power of Attorney Requirements
To comply with TN law you’ll need to complete your Power of Attorney form and ensure that it is correctly signed. There are a number of rules that control how this should be done.
Firstly, the people signing the POA must all be legally able to sign a contract. This means they should be able to demonstrate that.
They are over 18 years old
They are sound of mind
They understand the agreement being signed
If the Agent is a financial institution, they must have trust powers and a registered place of business within Tennessee.
The document itself must also be signed in a way that’s legally compliant with Tennessee state statutes. Under Tennessee legislation, this must be done in the following way:
Both the Principal and the Agent must sign.
The signing must be overseen by 2 witnesses or a notary public in the case of a Medical Power of Attorney. This is also recommended for other varieties of POA in the state but is not always required by law.
A notary public must also be present at the signing to notarize the document, and must sign it too.
Be aware, that once the POA document is completed and signed, there are still some steps you’ll need to take if you plan to manage real estate in Tennessee. You’ll need to register the document with the local clerk of the county where the property is located within 30 days of signing.
Tennessee Power of Attorney Sample
Before starting your own Tennessee Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.
FAQs About Tennessee Power of Attorney Forms
It is important to have a good understanding of what Tennessee Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.
Where Can I Get a Power of Attorney in Tennessee?
It is possible to create your own Tennessee Power of Attorney easily online with our easy contract maker. Alternatively, you can find templates for certain types of POA at your local Driver’s Services or Department of Revenue office or can pay to have a legal expert draft and complete your document.
Who Should Be Your Tennessee POA Agent?
When choosing the right Agent for your Tennessee POA, it is essential to pick a person (or people) that you trust implicitly.
By granting Power of Attorney to someone, you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know that will take the actions that serve these interests best.
What is the Difference Between a Tennessee General and a Durable Power of Attorney?
The big difference between a General Power of Attorney and a Durable Power of Attorney is when the powers can and cannot be used. When you create your Tennessee Power of Attorney as a General POA, its powers can only be used by the agent until they are withdrawn or the Principal becomes incapacitated.
Durable POAs on the other hand can continue to be used after the Principal is incapacitated. This makes them much better documents for estate planning in later life or to provide for medical necessities.