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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.
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.
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 ...
The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the ?durable? power of attorney continues to be effective despite your subsequent disability.
Legal forms address substantive matters, such as forms for contracts, wills, and leases. Pleading and practice forms provide language used in pleadings and motions filed with a court in litigation. These supply language for complaints, answers, motions to dismiss, and other motions.
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.
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.