A Power of Attorney lets you name an agent who can act on your behalf if you cannot act for yourself. It may help during illness, injury, disability, or any time you need help managing financial or legal responsibilities. You choose what powers the agent has, and you decide how the document is used.
By creating the right Power of Attorney, you stay in control of your future and avoid the stress and expense of court intervention. It also serves as an important step toward building a complete estate plan that protects your family.
Key Roles in a Power of Attorney
Principal: The individual who creates the Power of Attorney. This may be a parent, spouse, or any adult who wants to designate someone to act on their behalf.
Agent (Attorney in Fact): The person chosen to act for the Principal. This person does not need to be a lawyer. They only need to be trustworthy, responsible, and able to carry out the tasks assigned to them.
An agent can act only within the powers granted in the document. To use those powers, the agent often must show the original or a certified copy of the Power of Attorney to banks, title companies, financial institutions, or medical providers.
Types of Power of Attorney in Tennessee
Medical Power of Attorney
This is the legal document that allows your agent to make medical decisions on your behalf if you can not make them yourself. Without a Medical Power of Attorney there are often disagreements about care within families that are only decided when one family member takes control with a Petition for Conservatorship before the Court. This simple document alleviates those issues wherein you decide who you want to make medical decisions for you when you can not make them yourself.
Durable General Power of Attorney
A Durable General Power of Attorney is the legal document that allows your agent to act on your behalf as to financial and legal matters both when you are out of town or incapacitated. It remains valid even if you later lose capacity. This is the foundation of long-term planning because it allows your agent to continue managing your finances, bills, accounts, and legal matters during illnesses such as dementia, stroke, or serious injury. Without a Durable Power of Attorney, your loved ones would likely face a court-ordered Conservatorship, which is slow, costly, and public.
Springing Power of Attorney
A Springing Power of Attorney starts only when a specific future event occurs, usually a written medical determination that you cannot make decisions for yourself. This offers reassurance for people who do not want to grant immediate authority, but it comes with risks. Financial institutions may delay acceptance while they verify the triggering event. A well drafted Springing Power of Attorney must define exactly how incapacity is proven.
Limited (Special) Power of Attorney
This type allows an agent to complete a specific task, such as signing closing documents for a home sale, handling a real estate transaction, or managing short term business tasks. These powers end automatically when the task is done or when the expiration date passes.
Tennessee POA Requirements
A Power of Attorney must meet Tennessee legal standards to be accepted by banks, title companies, and medical providers. You must be of sound mind when you sign the document. It should be notarized. Real estate powers often require recording with the Register of Deeds. For a Power of Attorney to remain valid during incapacity, clear durability language must appear in the document.
Living Will or Advanced Care Directive
This is the legal document wherein you will make your own wishes known in writing as to treatment preferences. In this document you set out whether or not you:
- Accept or refuse medical treatments
- Make decisions about life support
- Decide on feeding tubes or hydration
While some attorneys offer a Medical Power of Attorney and Living Will in one document, we do not. This allows you to change your agent at any time without having to redo your Living Will.
Choosing the Right Agent
Your agent must be trustworthy, organized, and able to follow your instructions. You may name backup agents. Some actions, like gifting or changing beneficiaries, must be stated clearly in the document.
How a Power of Attorney Ends
A Power of Attorney ends at death. It can also be revoked at any time while you are mentally competent. If you revoke it, you must notify your agent and any institution relying on the old document.
Important Risks
A Power of Attorney gives significant authority, so careful drafting and thoughtful agent selection are essential. Working with an attorney ensures that the document is written correctly and that your estate plan offers full protection.
Why Professional Drafting Matters
Tennessee has strict rules for validity, durability, and execution. A well drafted Power of Attorney prevents rejection by banks and avoids court intervention. It protects your privacy, minimizes stress for your family, and ensures your agent can act quickly when needed.
A generic template cannot address the specific requirements of Tennessee law. Professional drafting ensures your document follows all state rules, avoids common failure points, and supports long term planning.
Protect Your Family With a Complete Estate Plan
A Power of Attorney is a helpful tool, but it is not a complete plan. Most families who need a Power of Attorney also need other estate planning documents that protect assets, clarify medical wishes, reduce stress for loved ones, and prevent future legal complications. A well designed estate plan can make probate easier, secure long term financial protection, and provide clear guidance when your family needs it most.
If you are helping a parent or loved one who suddenly needs a Power of Attorney, this is the best time to consider a complete estate plan. We can create a plan that meets Tennessee legal requirements and gives your family peace of mind.
Take the Next Step
If you are ready to create a Power of Attorney or explore a complete estate plan, our team is here to guide you.
Call (615) 784-4800 or contact us here to schedule your consultation. We proudly serve Mt. Juliet, Lebanon, and the surrounding Middle Tennessee communities.
