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A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney.
A witness is a competent adult, who is not the agent, and at least one (1) of whom is not related to the principal by blood, marriage, or adoption and would not be entitled to any portion of the estate of the principal upon the death of the principal under any will or codicil made by the principal existing at the time ...
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.
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.)
A Durable General Power of Attorney is a written document that authorizes an ?Attorney in Fact? to act on your behalf. This document is different from a Durable Health Care Power of Attorney because this document concerns property and contract rights not health care or matters related to your person.
The specifications and restrictions for PoA forms are different in each state; however, in Tennessee, if you would like the PoA to remain in effect if/when you become incapacitated, then the document must be signed by two witnesses or notarized.
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 Tennessee durable power of attorney form allows for the designation of a person (?agent?) to handle financial decision-making and affairs during the lifetime of someone else (?principal?).