A Tennessee power of attorney provides a legal method by which an individual (the principal) may appoint a person they trust and have confidence in (the agent or attorney-in-fact) to represent them in a variety of matters. Some POA’s allow for the appointment of another to handle a broad range of powers, while others allow the appointment of another for one power. All require some thought as to who should be chosen as the agent because that person will be acting for and on behalf of the principal and their actions will be binding.
Durable (Financial) Power of Attorney – This type allows the principal to appoint an agent to possess a broad range of financial power over the principal’s assets and property. In addition, this type remains in effect even if the principal becomes incapacitated.
General (Financial) Power of Attorney – This form also allows for the appointment of another to manage the finances of the principal, but it differs from the durable form in that it automatically terminates if the principal is deemed incapacitated.
Limited (Springing) Power of Attorney – This form is for a principal to appoint an agent form a limited transaction or a discreet time period.
Minor Child Power of Attorney – Allows the parent of a minor to handle their care, educational, and health care needs for a period of time (not specified by the State).
Medical (Health Care) Power of Attorney – Lets a person seek someone else to be their surrogate in the chance a medical condition does not allow them to make health-related decisions for themselves.
Motor Vehicle Power of Attorney (Form RV-F1311401) – This is for use when you seek to have a representative represent your interests relating to your motor vehicle in front of the Tennessee Department of Revenue.
Real Estate Power of Attorney – Appoint an agent with a fiduciary duty to represent your best interests in regards to real property transactions and/or management.
Revocation of Power of Attorney – This form is for use when a person who has previously conveyed powers power of under cancelled.
Tax Power of Attorney (Form RV-F0103801) – A principal can appoint another to represent them in front of the tax authority using this form.
How to Write
1 – Download The Documentation Required To Assign Principal Power
Gain access to the Tennessee appointment template by clicking on one of the buttons under the image on this page. Download any file version of this document that suits your needs then open it to fill it out.
2 – State The Legal Identity Of Each Participant
This template will have a beginning that requires some important information necessary to set up an appointment of Principal Authority. This information should be presented across six blank lines in the first paragraph. To begin, use the first three blank spaces to enter the Full and Legal Name of the Principal, his or her Complete Physical Address, and the State where he or she lives.The three blank lines that follow this will supply the area needed to report the Attorney-in-Fact’s Name, Address, and State of Residence
3 – The Principal Must Address When And How The Attorney-in-Fact’s Principal Power Is Effective
The “Effective Date” section in this form is presented so the Principal may efficiently disclose when the Principal Powers approved in this document will be delivered for the use of the Attorney-in-Fact. The two statements in this section present the Principal with a choice between designating the Effective Start of this document as its Signature Date or as the Date the Principal is declared unable to make decisions by a Physician. The Principal will need to initial the first choice to set this document’s Start Date or the second choice to set the Principal’s Disability Date as its Start Date.The Principal’s next task will be to supply the Approval the Attorney-in-Fact requires to act in his or her Name by engaging in Principal Decisions and Actions on his or her behalf. This can be achieved by the Principal initialing each category of Power the Principal wishes to delegate to the Attorney-in-Fact’s Principal Power.
The “Banking” paragraph shall define the various actions the Principal can take with Principal Funds when conducting Banking Transactions with Financial Institutions. The Principal can give the Attorney-in-Fact the right to conduct such business by initialing the blank line that precedes the paragraph label.The next paragraph, “Safe Deposit Box,” grants the Attorney-in-Fact the Principal Authority to have the same access and control the Principal can wield with Safe Deposit boxes in his or her Name. Such Authority can be delivered to the Attorney-in-Fact when the Principal initials the blank space provided The third paragraph enables the Attorney-in-Fact the Principal Authority to conduct the “Lending Or Borrowing” practices of the Principal on behalf of the Principal. The Principal must initial the blank line attached to the second paragraph to approve the Attorney-in-Fact’s use of this Principal PowerIn “Government Benefits,” the Principal can assign the Authority needed by the Attorney-in-Fact to act in the Principal’s Name with actions such as applying for Government Benefits or receiving them on behalf of the Principal by initialing this itemIf the Principal has determined that the Attorney-in-Fact should make the decisions and take the actions necessary to manage his or her Retirement Plans (except for designating/changing Principal Beneficiaries) then his or her initials are required by the “Retirement Plan” paragraph to delegate this Power.The Principal Power to perform actions such as completing Tax Returns or Receiving Tax Refunds using the Principal’s Name can be assigned to the Attorney-in-Fact when the Principal initials the “Taxes” item. The Principal and Attorney-in-Fact should be prepared to contact relevant Tax Entities and fulfilling any additional requirements placed for such action.The paragraph designated with the label “Insurance” contains the wording used to designate the Principal Authority to take actions ranging from purchasing Insurance Policies to paying premiums in the Name of the Principal. To delegate this type of Principal Power to the Attorney-in-Fact the Principal must initial the blank line that precedes its label.To appoint the Attorney-in-Fact with the Principal Real Estate Power to acquire, lease, exchange, or sell Principal Real Estate, the Principal will need to initial the blank line before the bold label “Real Estate.”The “Personal Property” of the Principal can be controlled using the Attorney-in-Fact’s Principal Powers when the Principal initials the blank line for this item. This paragraph will deliver the Power to conduct Principal Affairs in this capacity with both tangible and intangible Principal PropertyIn “Power To Manage Property,” the Attorney-in-Fact can be granted the Principal Authority to perform a number of actions relating to the management of Principal Property through the Principal’s Initials on the blank line corresponding to this label.The “Gifts” item designates the Principal Authority that can be used to make, release, and/or transfer Gifts (along with a host of other actions) to the Attorney-in-Fact when it is initialed by the Principal.The paragraph labeled “Legal Advice And Proceedings” enables the Attorney-in-Fact to engage in acting on the Principal’s behalf with the courts. This type of Principal Authority will include the ability to enforce the Principal Authority of this paperwork.The “Special Instructions” section of this document will contain several blank lines where additional instructions or provisions from the Principal can be documented and delivered so they may be applied to the Principal Authority available to the Attorney-in-Fact. If not enough room has been provided, then attach a document with the full text defining the Principal’s Instructions and cite it by its label here. Such an attachment must be present at the time of this paperwork’s execution. If the Principal has no such additional instructions, then write the word “None.”
4 – Several Parties Must Coordinate To Execute The Principal’s Delegation Defined Above
This document will now need to be reviewed by the Principal for accuracy. Any attachments should be present at this point so that they too may be approved. If the Principal has determined this paperwork defines his or her authorization, then he or she will need to Sign and Date this paperwork to execute it. Such Principal Action should be performed before two Witnesses and must be Notarized. The last sentence of this document should have the Date of the Principal’s Signature reported in it by the Principal just before he or she signs it. The Principal should use the three blank lines after the words “…I Have On This” to record this Date correctly.The “Principal’s Signature” line should be signed by the Principal on the Signature Date he or she has reported.The Witness Testimonial below the Principal’s Signature should be read and comprehended by the two witnesses who have seen the Principal sign this document. Each one will be required to sign his or her Name to verify the authenticity of the Principal Signing. Note: Each Witness must present his or her Address below the Witness’s Signature.The Principal Signature must be notarized. This process can only be performed by a Notary Public who is satisfied with the Principal Signing as it occurs. He or she will use the next portion of this page to supply the necessary items.The Attorney-in-Fact will also need to participate in the execution of this appointment through a Notarized Signature. Locate the “Specimen Signature And Acceptance Of Appointment” section then, record the Full Name of the Attorney-in-Fact on the first blank line. There will be an area below this statement where the Attorney-in-Fact can provide his or her Signature.The Notary Public may use the structured area under the Attorney-in-Fact’s Signature to notarize the Attorney-in-Fact Signing