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Attorney Powers Power Forward
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FAQ
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.
To have a durable power of attorney, you should include the following words or something similar to show the intent to make the document ?durable?: ?This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes.? See Florida Statute § ...
In Tennessee, your POA is not durable by default. To make the POA effective even after your incapacitation, Tennessee laws require an explicit statement. The law suggests wording such as: ""This power of attorney shall not be affected by subsequent disability or incapacity of the principal." (Tenn. Code § 34-6-102.)
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.
The proper way to sign as an agent is to first sign the principal's full legal name, then write the word "by," and then sign your name. You may also want to show that you are signing as an agent by writing after the signature: Agent, Attorney in Fact, Power of Attorney, or POA.