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The durable power of attorney is a legal tool that allows an individual of your choice to have the power to make medical decisions for you should you become incapacitated. This designated person has the legal authority to make sure that the wishes in your living will are carried out.
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.
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 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.
General (Financial) Power of Attorney ? Allows a principal to select an agent to make financial actions and decisions on their behalf. Unlike the durable form, it does not remain valid if the principal becomes mentally disabled.
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.