Power of Attorney Form TN PDF: A Comprehensive Guide

Power of Attorney Forms in Tennessee

Power of attorney forms in Tennessee allow individuals to designate a trusted agent to make legal and financial decisions on their behalf. These forms are particularly useful for those who may become incapacitated or otherwise unable to manage their own affairs.

There are several types of power of attorney forms available in Tennessee, including general, durable, limited, and springing power of attorney. Each type of form grants the agent specific powers and authorities, and the choice of form depends on the individual’s needs and circumstances.

Requirements for Creating a Valid Power of Attorney Form in Tennessee

To create a valid power of attorney form in Tennessee, the following requirements must be met:

• The principal (the person granting the power of attorney) must be of sound mind and body.
• The agent (the person receiving the power of attorney) must be at least 18 years of age and of sound mind.
• The form must be in writing and signed by the principal in the presence of two witnesses.
• The form must be notarized.

Obtaining a Power of Attorney Form

Obtaining a power of attorney form in Tennessee is a straightforward process. There are several resources available to individuals seeking these forms.

Locating Power of Attorney Forms

Power of attorney forms can be obtained from various sources, including:

• Tennessee Bar Association: The Tennessee Bar Association (TBA) provides free power of attorney forms on its website.
• Legal Aid Society of Middle Tennessee and the Cumberlands: This organization offers free legal assistance and can provide power of attorney forms to eligible individuals.
• Local Legal Aid Offices: Many local legal aid offices provide power of attorney forms and assistance with completing them.
• Online Legal Document Providers: Websites such as LegalZoom and Rocket Lawyer offer power of attorney forms for a fee.

Completing and Executing Power of Attorney Forms

Once a power of attorney form has been obtained, it is important to complete and execute it properly. The following steps should be followed:

• Provide Specific Instructions: Clearly state the powers being granted to the agent and any limitations on their authority.
• Identify the Agent: Name the person who will be granted the power of attorney.
• Witness and Notarization: The form must be signed in the presence of two witnesses and notarized by a notary public.
• Original and Copies: Keep the original power of attorney form in a safe place and provide copies to the agent and other relevant parties.

It is advisable to consult with an attorney if there are any questions or concerns about completing or executing a power of attorney form.

Using a Power of Attorney Form

A power of attorney is a legal document that gives one person (the “agent”) the authority to act on behalf of another person (the “principal”). This can be useful in a variety of situations, such as when the principal is unable to make decisions for themselves due to illness or incapacity, or when the principal is simply not available to sign documents or make decisions.

There are two main types of power of attorney: a general power of attorney and a limited power of attorney. A general power of attorney gives the agent broad authority to act on behalf of the principal, while a limited power of attorney only gives the agent authority to act in specific matters, such as managing the principal’s finances or making healthcare decisions.

Rights and Responsibilities of the Principal and the Agent

The principal has the right to revoke the power of attorney at any time, even if the agent has already started acting on their behalf. The principal also has the right to be informed of all decisions made by the agent, and to receive an accounting of all funds that the agent has handled.

The agent has a duty to act in the best interests of the principal, and to follow the principal’s instructions. The agent also has a duty to keep the principal informed of all decisions made on their behalf, and to account for all funds that they have handled.

Limitations and Restrictions on the Use of Power of Attorney Forms

There are some limitations and restrictions on the use of power of attorney forms. For example, a power of attorney cannot be used to make decisions about the principal’s personal life, such as who they can marry or where they can live.

It is important to note that a power of attorney is not a substitute for a will. A will is a legal document that specifies how a person’s assets will be distributed after they die. A power of attorney only gives the agent authority to act on behalf of the principal while they are still alive.

How to Effectively Manage and Use a Power of Attorney

There are a few things you can do to effectively manage and use a power of attorney:

• Choose an agent who you trust and who is capable of making decisions on your behalf.
• Make sure that the power of attorney is properly drafted and executed.
• Keep the original power of attorney in a safe place.
• Review the power of attorney regularly and make changes as needed.

Revoking a Power of Attorney Form

A power of attorney can be revoked at any time by the principal, unless the power of attorney specifically states that it is irrevocable. There are several ways to revoke a power of attorney in Tennessee:

By executing a revocation document. This is the most common way to revoke a power of attorney. The revocation document must be in writing and signed by the principal. It should state that the principal is revoking the power of attorney and that the revocation is effective immediately.

By destroying the original power of attorney document. If the principal destroys the original power of attorney document, the power of attorney will be revoked.

By notifying the agent in writing that the power of attorney is revoked. The principal can also revoke a power of attorney by notifying the agent in writing that the power of attorney is revoked. The notice must be signed by the principal and should state that the revocation is effective immediately.

If the principal becomes incapacitated, the power of attorney will be automatically revoked. This is because an incapacitated person cannot give consent to the agent to act on their behalf.

Grounds for Revoking a Power of Attorney

There are several grounds for revoking a power of attorney, including:

• The principal has become incapacitated.
• The agent has breached their fiduciary duty to the principal.
• The principal has discovered that the agent is not acting in their best interests.
• The principal no longer needs the agent to act on their behalf.

How to Properly Revoke a Power of Attorney

To properly revoke a power of attorney, the principal must follow the steps Artikeld above. The principal should also make sure to keep a copy of the revocation document for their records.

Sample Power of Attorney Form

A sample power of attorney form for Tennessee is provided below. It is important to note that this is just a sample form and may not be suitable for all situations. It is always best to consult with an attorney to have a power of attorney form drafted that meets your specific needs.

The following are some of the key provisions and clauses of the sample power of attorney form:

• The principal’s name and address
• The agent’s name and address
• The scope of the agent’s authority
• The duration of the power of attorney
• The principal’s signature
• The notary’s signature

It is important to have a properly drafted power of attorney form because it can help to ensure that your wishes are carried out in the event that you become incapacitated. A properly drafted power of attorney form can also help to avoid disputes between your family members and friends.