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A power of attorney is ?durable? when the power remains effective even if you are incompetent or unable to communicate. That means, the document is designed to continue to be effective when you are disabled or no longer mentally competent and you cannot act on your own.
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 ...
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 witness cannot be an agent). Conversely, in Kentucky, a power of attorney must have both two witnesses and a notary to be valid.
At any time by the person who granted it, as long as that person is mentally competent. A person who gives a power of attorney can revoke it by having it returned and then destroying it, or by giving the individual to whom the power was granted a written statement revoking it.
A durable power of attorney should be recorded if the agent's assigned authority requires him/her to execute deeds or instruments. If the power is recorded then the revocation should also be recorded.