Tennessee Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

Tennessee governs durable financial powers of attorney under its own [Uniform Durable Power of Attorney Act, Tenn. Code sections 34-6-101 to 34-6-112](https://advance.lexis.com/open/document/openwebdocview/?pdmfid=1000522&crid=&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4X8J-7PM0-R03M-W53R-00000-00&pdcomponentid=10650&pdteaserkey=&pditab=allpods&ecomp=&earg=&prid=). Tennessee has not adopted the 2006 Uniform Power of Attorney Act used by more than 30 states. For a financial POA to remain valid after the principal becomes incapacitated, the document must contain express durability language. Healthcare decisions require a completely separate instrument under Tenn. Code sections 34-6-201 to 34-6-218.

For the full 50-state overview, see our national Power of Attorney guide.

What a Power of Attorney Does in Tennessee

A power of attorney is a written legal document in which one person, the principal, gives another person, the agent (also called the attorney-in-fact), authority to act on the principal's behalf. The scope can be broad, covering banking, real estate, investments, and general financial management, or narrow, limited to a single transaction. The authority granted exists only while the principal is alive; a Tennessee POA ends the moment the principal dies.

Tennessee divides power of attorney into two separate legal tracks. Financial authority is governed by the Uniform Durable Power of Attorney Act at Tenn. Code sections 34-6-101 to 34-6-112. Healthcare decision-making authority is governed by a completely separate statute, the Durable Power of Attorney for Health Care, at Tenn. Code sections 34-6-201 to 34-6-218. A financial POA does not give the agent authority over medical decisions, and a health care POA does not authorize financial transactions. Many Tennesseans sign both.

Durable Power of Attorney in Tennessee

By default, a power of attorney in Tennessee ends if the principal later becomes mentally incapacitated. To make a POA survive incapacity, the document must be made durable through express language. Under Tenn. Code section 34-6-102, a durable power of attorney is one that contains language such as:

• "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 principal's intent that authority continues notwithstanding subsequent disability or incapacity.

The second phrase creates what is commonly called a springing durable POA, one that takes effect only when incapacity occurs. While a springing POA may seem appealing, it can create practical delays when institutions demand proof that the triggering condition has been met. Most estate planning attorneys in Tennessee recommend a durable POA effective immediately upon signing.

Under Tenn. Code section 34-6-103, all acts done by an agent under a durable POA during any period of disability or incapacity of the principal have the same legal effect as if the principal were fully competent. This is the core protection a durable POA provides.

Tennessee has not adopted the 2006 Uniform Power of Attorney Act (UPOAA). Unlike states that follow the UPOAA, where a POA is durable by default, Tennessee requires the express durability language described above. Without it, a POA ends at incapacity, which defeats the document's primary purpose for most principals.

How to Create a Valid Tennessee Power of Attorney

To create a valid Tennessee financial durable POA, the principal must have mental capacity at the time of signing and the document must be in writing and signed by the principal. Tennessee's Uniform Durable Power of Attorney Act does not impose a statutory witness requirement for a general financial POA. If the principal is physically unable to sign, another person may sign at the principal's direction and in the principal's presence.

Notarization is not required by statute for a financial POA to be legally valid between the principal and the agent. However, two practical considerations make notarization strongly advisable. First, financial institutions and other third parties are far more likely to accept and rely on a notarized POA without delay. Second, if the agent will need to conduct any transaction involving real property, the POA must be notarized in order to be recorded with the county register of deeds, as Tennessee recording statutes require acknowledgment before a notary.

Principals should also ensure the document:

• Clearly identifies the principal and the agent by full legal name.
• Contains the durability language required by Tenn. Code section 34-6-102 if the intent is for the POA to survive incapacity.
• Specifies the scope of authority being granted, either by describing it or by incorporating the statutory powers under Tenn. Code section 34-6-109 by reference.
• States the date of execution.

What a Tennessee Agent Can and Cannot Do

An agent under a Tennessee durable POA is a fiduciary under Tenn. Code section 34-6-107. The agent must act loyally in the principal's interest, within the boundaries of the authority granted in the document.

Tennessee provides a set of statutory attorney-in-fact powers at Tenn. Code section 34-6-109. A principal can incorporate these powers by reference under Tenn. Code section 34-6-108 rather than listing every power individually. Statutory powers include, among others, the authority to:

• Manage bank accounts, savings accounts, and money market accounts.
• Borrow money and secure loans.
• Buy, sell, and manage real and personal property.
• Invest and reinvest money or other assets.
• Prepare and file tax returns on the principal's behalf.
• Employ attorneys, accountants, advisors, and other professionals.
• Access the principal's legal, medical, and financial records as needed to carry out the agency.
• Make arrangements for the principal's funeral and burial.

There are important limits. Under Tenn. Code section 34-6-108, an agent may not, unless expressly authorized, make gifts or transfers without consideration, exercise powers of revocation or amendment over trusts on the principal's behalf, or change beneficiary designations on the principal's life insurance or retirement accounts. An agent can never make or change the principal's will. A court may also prohibit or restrain an agent's actions in appropriate cases.

If the agent will also be named under a health care POA, that is a separate document with separate powers and does not overlap with the financial POA.

Health Care Power of Attorney in Tennessee

Healthcare decisions in Tennessee are governed by a completely separate legal framework. The Durable Power of Attorney for Health Care, Tenn. Code sections 34-6-201 to 34-6-218, allows a principal to designate an agent to make healthcare decisions when the principal cannot make or communicate those decisions.

To be legally valid under Tenn. Code section 34-6-203, a Tennessee health care POA must:

• Specifically authorize the agent to make healthcare decisions.
• State the date of execution.
• Be signed by the principal.
• Be either attested by a notary public (with no witnesses required) OR signed before two qualified witnesses (without a notary). The principal's signature need only satisfy one of those two alternatives.

Witness qualifications matter. A witness must be a competent adult who is not the designated agent. At least one of the two witnesses must not be related to the principal by blood, marriage, or adoption and must not be entitled to any portion of the principal's estate upon the principal's death.

Not everyone can serve as the healthcare agent. Under Tenn. Code section 34-6-203, neither a treating healthcare provider, an employee of a treating provider, an operator of a treating healthcare institution, nor an employee of such an operator may be designated as the agent.

Once the health care POA is effective, the agent has authority to make any healthcare decision the principal could have made, unless the document limits that authority. This includes decisions about treatment, hospitalization, surgery, and, if expressly authorized, end-of-life care. Decisions must be made in accordance with the principal's known wishes and, when those are unknown, in the principal's best interest.

Tennessee also has the broader Tennessee Health Care Decisions Act, Tenn. Code sections 68-11-1801 to 68-11-1815, which governs advance directives generally, including living wills and oral instructions, and provides the broader legal framework within which healthcare agents operate.

Revoking or Ending a Tennessee Power of Attorney

A principal who retains mental capacity may revoke a Tennessee power of attorney at any time. Revocation must be communicated to the agent; it is not effective simply by the principal's private intent. Best practice is to provide written notice of revocation to the agent and to any financial institutions or other third parties that hold or rely on the original POA document. A new power of attorney does not automatically revoke an earlier one unless the new document expressly states that it does.

Under Tenn. Code section 34-6-105, the death of the principal does not retroactively invalidate acts taken in good faith by an agent who acted without actual knowledge of the death. In other words, third parties who dealt with the agent in good faith before learning of the principal's death are protected. But the principal's death does terminate the POA, and any agent who continues to act after learning of the principal's death acts without authority.

A Tennessee POA also ends when:

• The principal revokes it while having capacity.
• The principal dies.
• The stated purpose of a limited POA is accomplished.
• The agent dies, resigns, or becomes incapacitated and no successor agent is named.
• A court terminates the agent's authority.

Under Tenn. Code section 34-6-104, if a court later appoints a conservator or guardian of the estate for the principal, the agent becomes accountable to that fiduciary as well. The court-appointed fiduciary has the same power to revoke or amend the POA that the principal would have had. Principals may also use a durable POA to nominate, in advance, their preferred conservator or guardian, and courts must follow that nomination absent good cause or disqualification.

More Tennessee Laws

• Tennessee Data Privacy Laws
• Tennessee Recording Laws
• Tennessee Recording Laws
• Tennessee Data Privacy Laws
• Tennessee Recording Laws
• Tennessee Data Privacy Laws
• Tennessee Hit and Run Laws
• Tennessee Lemon Laws

Disclaimer: This page provides general legal information about Tennessee power of attorney laws and is not legal advice. Laws change, and individual circumstances vary. Consult a licensed Tennessee attorney for advice specific to your situation.

Statutes cited reflect their in-force version as of May 31, 2026.