Power of Attorneys (POA)

8-16-401. Notice that a notary public is not an attorney.


I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF TENNESSEE,

AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.

I am unable to provide legal advice on which type of Power of Attorney you need. Please consult with the relevant party or your attorney to ensure you complete the correct document.

A Power of Attorney (POA) is a legal document that allows someone else to make decisions on your behalf, acting as your agent for matters such as financial and healthcare. This can be especially important in unexpected situations where you might be unable to manage your affairs or make crucial decisions, such as legal or financial matters or important healthcare issues.

For your POA to be valid in Tennessee, it must meet certain requirements. Mental Capacity for Creating a POA. The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Tennessee courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.

Notarization Requirement While Tennessee's power of attorney laws are technically silent on the subject of notarization, you should sign your POA in the presence of a notary public. Many financial institutions won't want to rely on a POA unless it has been notarized—a process that helps to authenticate the document.

1. The Limited Power of Attorney - As the name suggests, a Limited POA grants someone the authority to act on your behalf for a specific purpose and for a specified time. This type of POA ends once the task is completed or after a certain date. Example: An author may use a Limited POA to allow their agent to cash checks made payable to the author during a specified time, ensuring that the agent can deduct their commission and pass on the remainder to the author. Another scenario could be appointing someone to sign a property deed on your behalf while you're on vacation.

2. The General Power of Attorney - A General POA provides a broader scope of authority, enabling someone to handle nearly all your affairs. This type of POA is useful when you need someone to manage your financial matters comprehensively. Example uses of General POA: Collecting debts Applying for government benefits Managing financial and business matters Buying, selling, or making investments Claims and litigation A General POA can remain in effect until you revoke it or you pass away.

3. The Durable Power of Attorney - A Durable POA remains effective even if you become incapacitated. This type of POA ensures your agent, whether for financial or healthcare , can continue to act on your behalf if you are unable to do so. Example: If you have been diagnosed with a disease that affects mental capacity, a Durable POA would allow your agent to manage your affairs once you are no longer capable.

4. The Springing Power of Attorney - A Springing POA only takes effect upon the occurrence of a specific event. It's crucial to clearly define what will trigger the POA in this document. Example: If you serve in the U.S. military and are scheduled for overseas deployment and duties which may place you in a situation where you become incapacitated, a Springing Power of Attorney can stipulate that your designated agent can act on your behalf.

5. A medical power of attorney (POA) is a legal document that allows you to name someone to make medical decisions for you if you are unable to do so. It is also known as a durable power of attorney for health care or a health care proxy.