State guide · Tennessee

Tennessee Power of Attorney Requirements

Tennessee’s Uniform Durable Power of Attorney Act (Tenn. Code Ann. § 34-6-101 et seq.) sets what makes a Power of Attorney durable and what the agent (called the attorney in fact) owes the principal. Here are the essentials in plain English, each linked to an official Tennessee source.

Based on Tennessee Uniform Durable Power of Attorney Act, Tenn. Code Ann. § 34-6-101 et seq.. Reviewed October 2026. Education, not legal advice — Tennessee’s requirements are set by state law and can change, so confirm them with an official Tennessee source or a licensed attorney.

Preparing to serve—or already serving—in Tennessee?

The National Handbook explains the responsibilities. The National Workbook helps you organize the work. Use the Tennessee information below to explore requirements, official sources, and available resources.

Requirements depend on your documents and applicable law. Confirm current information with official sources or a qualified professional in your state.

The essentials

Where is Tennessee’s Power of Attorney law?

Tennessee’s durable Power of Attorney law is the Uniform Durable Power of Attorney Act, Tenn. Code Ann. § 34-6-101 et seq. Tennessee has not adopted the newer Uniform Power of Attorney Act, and it does not publish an official fill-in Power of Attorney form.

Tennessee Attorney General Opinion 10-89 ↗

How does a Tennessee Power of Attorney have to be signed?

As the Tennessee Attorney General has explained, Tennessee’s durable Power of Attorney statutes do not provide for execution except in writing. Banks and other institutions may still expect a notarized document, and the Attorney General notes that in practice some parties will not honor a Power of Attorney unless it has been recorded. Confirm what will be needed with a Tennessee attorney before signing.

Tennessee Attorney General Opinion 10-89 ↗

Is a Tennessee Power of Attorney durable?

Only if it says so. A Tennessee Power of Attorney is durable when it contains words such as “This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or similar words showing the principal’s intent that the authority continue (Tenn. Code Ann. § 34-6-102, as quoted by the Tennessee Attorney General).

Tennessee Attorney General Opinion 10-89 ↗

When does a Tennessee Power of Attorney take effect?

Under Tenn. Code Ann. § 34-6-111, the principal may make the Power of Attorney effective on the date signed or defer it until the principal is determined to be disabled or incapacitated.

Public Chapter 8 (2007) ↗

What does a Tennessee attorney in fact owe the principal?

Under Tenn. Code Ann. § 34-6-107, an attorney in fact is in a fiduciary relationship with the principal to the extent the attorney in fact undertakes to act, and that includes a duty to adequately account to the principal or a legal representative for actions taken. Keep clear records from day one.

Public Chapter 8 (2007) ↗

How is a Tennessee Advance Directive for Health Care signed?

Healthcare decisions are covered separately by an Advance Directive for Health Care under the Tennessee Health Care Decisions Act. According to the state form, it is signed in front of two competent adult witnesses or a notary public. Neither witness may be the person appointed as agent or alternate, and at least one witness must not be related to the principal or entitled to any part of the estate.

Tennessee Advance Directive for Health Care (state form) ↗Tennessee Health Facilities Commission: health care decision making ↗

This summary is educational and may not reflect the most current law — verify against the current statutes or with a Tennessee attorney before relying on it.

True in every state

The universal rules of the role

The exact forms, witnessing, and notarization rules change from state to state — those are in Tennessee’s essentials above.But the heart of the role is the same everywhere in the U.S. Here’s what always applies.

Your duties as an agent

Act only in their best interest

Every decision is for the principal, never for you. This is the core legal duty of an agent, everywhere.

Keep money completely separate

Never mix the principal’s funds with your own. Use their accounts for their expenses, and don’t borrow or lend to yourself.

Keep clear records

Track every transaction, receipt, and major decision. Good records protect the principal — and protect you if anyone ever asks.

Stay inside the document

You can only do what the Power of Attorney actually authorizes. If it isn’t granted in the document, you don’t have the authority.

Honor their wishes & plan

Follow what they’d want, preserve their existing estate plan where you can, and avoid anything that benefits you at their expense.

What a Power of Attorney can’t do

It ends at death

A Power of Attorney works only while the principal is alive. The moment they pass, it ends and the will and executor (or trustee) take over.

It can’t change their will

An agent cannot make or rewrite the principal’s will, and generally can’t change beneficiary designations unless the document specifically allows it.

It’s not a blank check

Powers not written into the document — like making gifts or changing accounts — usually aren’t allowed. When in doubt, it’s probably not authorized.

It doesn’t make their debts yours

When you sign correctly as the agent (not personally), you’re acting for them — you don’t take on their debts by serving.

How to sign as an agent

Always sign in your representative capacity — never just your own name on the principal’s business. A safe format anywhere is “Jane Doe, as agent for John Doe” (some institutions prefer “John Doe by Jane Doe, agent”). Signing your name alone can make you personally liable; signing as the agent makes clear you’re acting for them.

When the authority ends

  • The principal revokes it — they can, at any time, as long as they’re competent.
  • The principal dies — authority passes to the will or trust.
  • A court appoints a guardian or conservator, or the document’s own end date or condition is reached.

One key distinction, everywhere: a durable Power of Attorney keeps working if the principal becomes incapacitated; a non-durable one ends at incapacity. Whether yours is durable is stated in the document itself.

Tennessee · official forms

Where to get the official forms

The official Tennessee Power of Attorney and health care directive forms are free from the state and its official resources. Here’s where to find them — we link them as a resource so you can go straight to the source. What we provide is the plain-language help to understand and actually use them, not the forms themselves.

  • Tennessee Code — official free public access (Title 34, Chapter 6, Part 1)Official source: Tennessee Code Unannotated (official free public access, published by LexisNexis)Tennessee’s durable power of attorney law is Tenn. Code Ann. § 34-6-101 et seq.; look under Title 34, Chapter 6. Tennessee publishes no statutory financial POA form.Open on lexisnexis.com →
  • Tennessee Advance Directive for Health Care (state model form)Official source: State of Tennessee (model form adopted by the health facilities board)State model form combining Appointment of Health Care Agent and Advance Care Plan (living will) in one document.Open on tn.gov →

POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice. These links are an educational resource pointing you to official sources; we are not affiliated with or endorsed by any government office. Power of Attorney and health care directive requirements vary by state and change over time. Before you sign or rely on any form, confirm it is the current, correct form for your situation with the official Tennessee source above or a licensed Tennessee attorney. If a link doesn’t open, search for the form by name on the official state website.

Tennessee · medical orders for serious illness

POST: a different kind of document

  • POST

    Tennessee Physician Orders for Scope of Treatment (POST) formSource: State of Tennessee (health care facilities licensing board)A POLST-type form is different from a general advance directive. It is generally intended for people with serious illness, advanced medical conditions or significant frailty, when current treatment wishes need to be written as medical orders — completed with a clinician. It is not a document every adult needs.Open on tn.gov (opens in a new tab) →

Learn the whole role

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Tennessee · public offices & agencies

Where to go for official help

A simple starting list of the government offices an agent under a Power of Attorney (or their caregiver) in Tennessee may need. Click a website to open the office’s official page in a new tab.

POA Caregiver™ is not affiliated with, endorsed by, or partnered with any of these offices. This list is a resource to help guide you to the right official source — nothing more. Government offices, links, and phone numbers change over time, so if a link doesn’t open, search for the office by name to find its current official page.

Trusted official resources

Some of the best help is free and official. We point you to these authoritative sources — and give you the journey, organization, and plain-language navigation on top of them. See the full national resource library →

POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice, and is not affiliated with or endorsed by these organizations. They are shared as free educational resources — always confirm details with the official source or a licensed professional in your state.

What may help next

Now that you know what Tennessee provides, let’s figure out what may help next. Tell us where you are right now.

Where are you right now?

POA Caregiver provides education, not legal, medical, financial or tax advice. Authority comes from the Power of Attorney document and applicable law, and serving as an agent is a different role from caregiving.

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