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File a Copy With the Register of Deeds If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the register of deeds in Tennessee) in the county or counties where you own real estate.
RULE 19. If the person has not been so joined, the court shall order that the person be made a party. If the person properly should join as a plaintiff but refuses to do so, he or she may be made a defendant, or in a proper case, an involuntary plaintiff.
The principal who is still of sound mind can always override a power of attorney. In some other circumstances, a POA can be overridden by the concerned friends and family of the principal.
The terms and conditions for pro hac vice attorneys are defined in Rule 19 of the Supreme Court of Tennessee. Pro hac vice attorneys are required to file a copy of the motion to appear and all associated papers with the Board of Professional Responsibility prior to filing with the court.
Under Tennessee law, for a power of attorney to be valid it must either be signed in the presence of a notary or witnessed by two disinterested parties.
A durable power of attorney becomes effective when signed and remains in effect until the person granting the power either revokes it or dies. A durable power of attorney differs from a traditional power of attorney in that it continues the relationship beyond the incapacity of the principal until death.
Tennessee law requires a durable power of attorney to be either signed before two witnesses or signed and notarized in order to be valid. It also must specifically state its authorization to make health care decisions.
There is a $170 fee for pro hac vice admission in Tennessee. If mailing a payment to the Board, the attorney must include a $5.00 processing fee.