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.

Please consult with the relevant party or your attorney to ensure you complete the correct document.

A Power of Attorney (POA) is an official paper allowing someone you choose to make choices on your behalf, covering money and health. It's crucial if you're unable to manage your own matters. In Tennessee, a POA has to meet certain rules, like the principal's mental fitness to set it up, which might require a lawyer's advice for understanding. Though not explicitly mentioned in Tennessee's laws, it's wise to notarize your POA to confirm its legitimacy, as many banks and organizations prefer a POA with notary verification.

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.