Statutes – Tennessee Code Annotated Chapter 6: Power of Attorney (§ 34-6)ĭefinition – “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 and the writing contains the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or “This power of attorney shall become effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable, notwithstanding the principal’s subsequent disability or incapacity” ( § 34-6-102). Specific use POAs will allow for the agency to be bestowed to a person on relevant matters relating to a motor vehicle, real property, tax accounts, or minor child(ren). Alternatively, the limited and general power of attorney arrangements cater to a granting finite amount of privileges with termination on either an indicated expiration date or upon the incapacitation of the principal. The durable (financial) agreement issues authority for specified financial transactions with the unique distinction to endure after the principal’s incapacitation, should it occur. It additionally serves to assign an attorney-in-fact to make decisions on their behalf if they can no longer communicate their treatment preferences due to a comatose, vegetative, or other sustained unconscious state. An advance directive form documents the express wishes of the principal regarding health care options. Several different POA types can be made using a power of attorney document depending on the desired issuance category. The Tennessee Power of Attorney enforces the distribution of acquired legal permissions from one individual to another appointed agent with a written contract.
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