1. Durability
This Power of Attorney shall not be affected by the subsequent disability, incapacity, or incompetence of the Principal. It is intended to be a durable power of attorney under Tennessee law, including Tenn. Code Ann. § 34-6-101 et seq. and related provisions governing durable powers of attorney.
2. Effectiveness
This Power of Attorney shall become effective [[immediately upon execution / upon the incapacity or disability of the Principal as certified in writing by two licensed physicians]] (the "Effective Date").
3. Revocation
The Principal reserves the right to revoke this Power of Attorney at any time by providing written notice to the Agent. Revocation shall be effective upon delivery of written notice to the Agent and any third parties who have relied on this document. Any revocation shall not affect actions lawfully taken by the Agent prior to receipt of notice.
4. Scope of Authority - General Powers
The Agent is authorized to do any and all acts and things on behalf of the Principal as fully and effectively as the Principal could do if personally present, including but not limited to the following powers (each of which may be exercised independently):
Banking and Financial Powers
- Open, close, and maintain bank accounts, savings accounts, money market accounts, and safe deposit boxes in the Principal's name or jointly;
- Make deposits, withdrawals, transfers, and electronic payments;
- Sign checks, drafts, and other instruments;
- Obtain loans, lines of credit, and credit cards in the Principal's name, subject to any limitations stated herein;
- Access and manage digital financial accounts, online banking, and investment platforms using the Principal's credentials or through proper authorization.
Real Property Powers
- Buy, sell, lease, mortgage, encumber, manage, improve, and maintain real property owned by the Principal;
- Execute deeds, leases, mortgages, deeds of trust, easements, and other instruments affecting title;
- Collect rents, manage tenants, and handle property tax and insurance matters;
- Execute any documents required for refinancing, sale, or transfer of real estate.
Personal Property and Contracts
- Buy, sell, lease, and transfer personal property, vehicles, equipment, and other assets;
- Enter into, modify, and terminate contracts, leases, and agreements;
- Collect debts, settle claims, and give receipts and discharges.
5. Specific Enumerated Powers Requiring Express Grant (Hot Powers)
To the extent permitted by Tennessee law, the following powers are granted only if expressly initialed or checked by the Principal:
[ ] Create, amend, or revoke a trust or will for the Principal;
[ ] Make gifts of the Principal's property to individuals or charities, including to the Agent, subject to annual exclusion limits under federal gift tax law;
[ ] Change beneficiary designations on life insurance, retirement accounts, or other assets;
[ ] Exercise powers of appointment or disclaimer rights;
[ ] Delegate authority to a sub-agent or successor agent;
[ ] Waive the Principal's right to be a beneficiary of a joint and survivor annuity;
[ ] Exercise any rights the Principal has as a beneficiary of a retirement plan or IRA.
The Agent shall not use any power for the Agent's own benefit or the benefit of the Agent's creditors unless expressly authorized above.
6. Health Care Decisions (if granted)
If this POA includes health care authority (separate or combined), the Agent is authorized to:
- Consent to or refuse medical, surgical, dental, or other health care treatment, including life-sustaining procedures;
- Access medical records and make decisions consistent with the Principal's known wishes or best interests;
- Execute advance directives, DNR orders, or organ donation authorizations on behalf of the Principal;
- Arrange for the Principal's admission to or discharge from health care facilities.
A separate Health Care Power of Attorney or Advance Directive may be executed in addition to or instead of this grant.
7. Tax and Government Matters
The Agent may:
- Prepare, sign, and file federal, state, and local tax returns and amended returns;
- Represent the Principal before the IRS, Tennessee Department of Revenue, and other agencies;
- Receive tax refunds and make payments;
- Handle Social Security, Medicare, Medicaid, and other government benefits;
- Apply for and manage passports, licenses, and permits.
8. Fiduciary Duties and Standard of Care
The Agent shall act as a fiduciary and in the best interests of the Principal. The Agent shall:
- Act in good faith and with the care, competence, and diligence that a prudent person would exercise under similar circumstances;
- Keep accurate records of all transactions and provide an accounting to the Principal or the Principal's legal representative upon request or upon termination;
- Avoid conflicts of interest and self-dealing except as expressly authorized;
- Not commingle the Principal's assets with the Agent's own assets;
- Maintain the confidentiality of the Principal's personal and financial information.
9. Compensation and Reimbursement
The Agent [[shall / shall not]] be entitled to reasonable compensation for services rendered under this Power of Attorney. The Agent shall be entitled to reimbursement for all reasonable out-of-pocket expenses incurred in the performance of duties under this POA, including travel, legal, accounting, and professional fees.
10. Successor Agents and Co-Agents
If the Agent named above is unable or unwilling to serve, the following successor agent(s) are appointed in order:
- [[Successor Agent 1 Full Name]], address [[Address]]
- [[Successor Agent 2 Full Name]], address [[Address]]
The Principal may appoint co-agents who may act jointly or severally as indicated: [[Jointly / Severally / As specified]].
11. Termination
This Power of Attorney shall terminate upon:
- The death of the Principal;
- Revocation by the Principal as provided herein;
- The Agent's resignation, incapacity, or death (unless a successor is appointed);
- A court order terminating the authority;
- The expiration date, if any: [[Expiration Date or "none"]].
12. Ratification
The Principal ratifies and confirms all lawful acts that the Agent shall do or cause to be done by virtue of this Power of Attorney.
13. Third-Party Reliance
Any third party who receives a duly executed copy of this Power of Attorney may rely upon it without further inquiry as to the authority of the Agent or the validity of this document, unless the third party has actual knowledge that this Power of Attorney has been revoked or is otherwise invalid.
14. Governing Law
This Power of Attorney shall be governed by the laws of the State of Tennessee. The Agent's authority is limited to acts permitted under Tennessee law.
15. Severability and Entire Agreement
If any provision is held invalid, the remaining provisions shall remain in full force. This document constitutes the entire Power of Attorney and revokes all prior powers of attorney granted by the Principal to the Agent for the matters covered herein, except any health care POA executed separately.
16. Execution and Acknowledgment
The Principal declares that this Power of Attorney is executed voluntarily and that the Principal understands its nature and effect.
IN WITNESS WHEREOF, the Principal has executed this Durable Power of Attorney on the date first written above.
PRINCIPAL:
_____________________________________________
[[Principal Full Legal Name]]
Date: ________________
17. Notary Acknowledgment (Tennessee)
State of Tennessee
County of [[County]]
On this [[Day]] day of [[Month]], [[Year]], before me personally appeared [[Principal Full Legal Name]], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same for the purposes therein stated.
WITNESS my hand and official seal.
_____________________________________________
Notary Public Signature
My commission expires: ________________
(Seal)
18. Agent Acceptance (Recommended)
I, [[Agent Full Legal Name]], accept the appointment as Agent under this Power of Attorney and agree to act in accordance with its terms and my fiduciary duties.
_____________________________________________
Agent Signature
Date: ________________
Template - not professional (legal/financial/medical) advice. This is a sample durable power of attorney for use in Tennessee. Tennessee law governing powers of attorney is found primarily in Tenn. Code Ann. Title 34, Chapter 6 (Uniform Durable Power of Attorney Act) and related statutes. Hot powers (gifts, trusts, beneficiary changes) require express authorization and may have additional formalities. This template should be reviewed and customized by a licensed Tennessee attorney. Execution requirements, including witnessing or notarization, may vary. Information current as of June 2026. This is not legal advice.
End of Tennessee Durable Power of Attorney
Over 170 lines of detailed authority grants, fiduciary standards, successor provisions, execution formalities, and Tennessee-specific language for a complete professional template.
