Free Tennessee Durable Power of Attorney Form

A Tennessee durable power of attorney, also called a TN power of attorney form, is a written document a principal signs to name an agent to handle financial matters. It stays in effect if the principal later becomes incapacitated because the document contains the wording Tennessee law requires.[1.1] It does not cover medical decisions, which need a separate health care power of attorney. Choose an agent you trust completely, since that person can get access to your bank accounts, real estate, and other financial transactions.

Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Tennessee law. If you notice an error or outdated information, please contact us.

Tennessee durable financial power of attorney form

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As an agent, choose someone who fully understands your finances and can be trusted with them, since the agent gets access to your bank accounts, property, and financial records. Creating one is recommended for every adult, regardless of health status, so decisions can still be made without court involvement if you are ever incapacitated. FormsPal's overview of the durable power of attorney explains the role in general terms, and the Tennessee power of attorney forms hub covers the other types available in the state.

Tennessee DPOA Signing Requirements and Laws

Tennessee's rules for a durable power of attorney appear in Title 34, Chapter 6 of the Tennessee Code Annotated. A power of attorney becomes durable only if the document uses specific words from the statute, or similar words. Those words say it survives the principal's incapacity, or that it takes effect only once the principal is incapacitated.[1.1] This document is also known as a durable financial power of attorney. Reading the full chapter before signing is recommended.

According to Tennessee Code Annotated § 34-6-102, here are the key terms used on the form:[1.1]

  • Principal: the person who signs the document and grants authority to someone else.
  • Agent (also called attorney in fact): the person the principal names to act on the principal's behalf.
  • Durable: describes a power of attorney the principal has written to survive incapacity, using the statute's required wording.

Tennessee law spells out the exact wording a document needs to qualify as durable:

A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney in fact in writing and the writing contains the words "this power of attorney shall not be affected by subsequent disability or incapacity of the principal," or "this power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable, notwithstanding the principal's subsequent disability or incapacity.
Tenn. Code Ann. § 34-6-102

A document may take effect immediately when signed, or only once the principal becomes incapacitated, sometimes called a springing power of attorney.[1.1] The form used on this page lets you choose either option when you fill in the effective date section.

Because this form does not cover health care decisions, many Tennessee residents also complete a separate health care power of attorney so both financial and medical matters are covered. If you have a health care power of attorney and later revoke your agent's appointment, that agent's authority under the health care document ends at that point.[3]

If a court later appoints a conservator, guardian of the estate, or another fiduciary to manage some or all of the principal's property, the agent becomes accountable to that fiduciary. This is in addition to the agent's existing duty to the principal.[2]

The principal's death does not automatically cancel a power of attorney, durable or not. If an agent or another person acts in good faith under it without actual knowledge that the principal has died, that action still binds the principal's successors, unless the action would otherwise be invalid or unenforceable.[1.2]

Tennessee extends a similar protection to a power of attorney that is not durable. If the principal becomes incapacitated and an agent or another person acts in good faith under the document without actual knowledge of that incapacity, the action still binds the principal and successors. This holds unless the action would otherwise be invalid or unenforceable.[1.2]

Tennessee has no statute that sets signing formalities, such as requiring witnesses, for this form, and no statute that requires notarization. The form itself includes a section for a notary to complete, and having it notarized can make the document easier to use with banks and other institutions.

Keep the original signed document in a place the agent can reach easily but that stays secure.

Tennessee Durable Power of Attorney Form Details

Document NameTennessee Durable Power of Attorney Form
Other NamesTennessee Financial Durable Power of Attorney, TN DPOA
Relevant LawsTennessee Code Annotated §§ 34-6-102, 34-6-104, 34-6-105
Signing RequirementsN/A
Avg. Time to Fill Out10 minutes
# of Fillable Fields37
Available FormatsAdobe PDF

Steps to Complete the Form

Complete a Tennessee durable financial power of attorney by naming your agent, initialing the powers you want to grant, choosing when the document takes effect, and signing it in front of a notary. Follow the seven steps below in the order the form presents them.

  1. Name yourself and your agent. Enter your full legal name and address as the principal. Then enter your agent's full legal name, address, and other contact information. Principal and agent info entering section of Tennessee dpoa form
  2. Initial the powers you grant. The form lists powers lettered (A) through (N). Put your initials next to each power you want your agent to have, or initial (N) to grant all of them. Leave a power blank if you do not want to grant it. Delegated rights approving section of a Tennessee durable poa
  3. Review the special instructions. This section has preset clauses covering things like a HIPAA release, claims and litigation, retirement accounts, and digital assets. You do not need to fill anything in here unless you want to add instructions of your own.
  4. Choose the effective date. Initial one of the three options for when your agent's authority begins: immediately, only if you become incapacitated, or on a date you write in. If you choose a stated date, fill in that date in the space provided. Effective date specification part of Tennessee durable power of attorney
  5. Name a successor agent. If your first agent becomes unable or unwilling to serve, a successor agent can take over. Enter the successor's full legal name and address in this section if you want to name one.
  6. Sign and date. Sign your name as the principal, print your name, and fill in the day, month, and year. Signing part of Tennessee durable power of attorney template
  7. Complete the acknowledgment before a notary. Sign the acknowledgment in front of a notary public. The notary fills in the county, the date, and their own name and title to complete the form. Notarization part of a durable power of attorney for Tennessee

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Frequently Asked Questions

Does Tennessee require a power of attorney to meet a written requirement?

Yes. Tennessee law defines a durable power of attorney as a document by which a principal names an agent in writing, and the writing must contain the specific wording, or similar wording, needed to make it durable.[1.1] A power of attorney that is only spoken is not valid under this statute.

What are the requirements for a durable power of attorney in Tennessee?

A Tennessee durable power of attorney must be in writing and signed by the principal. It must also include the statute's required wording, or similar wording, stating that it survives the principal's incapacity or takes effect only once the principal is incapacitated.[1.1]

Does power of attorney need to be witnessed or notarized in Tennessee?

No specific statute in Tennessee requires a witness or notarization for this form. Many Tennessee principals still have it notarized, since banks and title companies often expect to see a notary's acknowledgment before they will accept the document.

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General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Tenn. Code Ann..

  1. Tenn. Code Ann. §§ 34-6-102 to 34-6-105.
    • 1.1 § 34-6-102
    • 1.2 § 34-6-105
  2. Tenn. Code Ann. § 34-6-104(a).
  3. Tenn. Code Ann. § 34-6-207(a).
Published: Apr 15, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.