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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.
The main person who can override a power of attorney is the principal, the person who created the power of attorney document.
Steps for Making a Financial Power of Attorney in Tennessee Create the POA Using a Form, Software or an Attorney. ... Sign the POA in the Presence of a Notary Public. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact. ... File a Copy With the Register of Deeds.
If your agent will manage real estate transactions, the Power of Attorney will need to be signed by a notary and filed or recorded with your county.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
An Agent is a ?fiduciary,? which means that an Agent is in a special relationship of trust with the Principal and that the Agent must act in the best interests of the Principal. The Agent should never go outside of powers in the POA and should carry out the Principal's decisions to the extent possible.