Tennessee Revocation of Power of Attorney for Care and Custody of Child or Children
Definition and meaning
The Tennessee Revocation of Power of Attorney for Care and Custody of Child or Children is a legal document that terminates a previously granted power of attorney for the care of a minor child or children. This revocation ensures that the designated caregiver no longer holds the authority to make decisions regarding the child’s welfare, health, or education. It is essential for parents or legal guardians seeking to reclaim total control over their children’s care.
How to complete a form
Completing the Tennessee Revocation of Power of Attorney is straightforward when following these steps:
- Fill in the full name of the minor child.
- Provide your name and address as the mother or legal guardian.
- Include the father's name and address if applicable.
- Enter the caregiver’s name and address.
- Indicate the date on which the original power of attorney was executed.
- Sign the document in the presence of a notary public, who will also sign to verify your identity.
Once completed, deliver copies to any parties who previously received the power of attorney.
Who should use this form
This form is suitable for parents or legal guardians in Tennessee who wish to revoke the authority granted to a person for the care and custody of their minor child or children. If there has been a change in circumstances, such as a new caregiver, or if the relationship with the current caregiver has become unsuitable, this revocation form allows for a clear and formal termination of that power of attorney.
Key components of the form
The Tennessee Revocation of Power of Attorney for Care and Custody of Child or Children includes several key components, such as:
- The child's name and identification.
- The names and addresses of the parents or legal guardians.
- The name and address of the caregiver being revoked.
- A statement declaring the effective revocation date.
- Signatures of the parents or legal guardians in front of a notary.
What to expect during notarization or witnessing
When completing the Tennessee Revocation of Power of Attorney, you will need to have the document notarized. During notarization:
- The notary public will verify your identity by reviewing your government-issued identification.
- You will be required to sign the document in the notary's presence.
- The notary will then sign and affix their seal to the document, confirming its legitimacy.
This process ensures that the revocation is legally binding and recognized by relevant authorities.
Common mistakes to avoid when using this form
When filling out the Tennessee Revocation of Power of Attorney for Care and Custody, be mindful of these common mistakes:
- Failing to include all required names and addresses.
- Not specifying the exact date of the original power of attorney.
- Neglecting to sign the document in the presence of a notary.
- Forgetting to provide copies to relevant parties.
These errors can lead to legal complications and hinder the effectiveness of the document.
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FAQ
Tennessee law states that you can revoke a power of attorney at any time. The only provision is that you must have be competent to sign the legal document. A revocation is effective as soon as you sign and file the document.
In other words, a Revocation of Power of Attorney is written confirmation that a principal (the person who appointed power in a Power of Attorney) no longer wants or needs their attorney-in-fact (the person who was appointed power in a Power of Attorney, sometimes called an agent or donor) to act on their behalf.
You can end your lasting power of attorney ( LPA ) yourself - if you have mental capacity to make that decision. You need to send the Office of the Public Guardian ( OPG ) both: the original LPA. a written statement called a 'deed of revocation'
A principal can rescind a Power of Attorney at any time, even if the Power of Attorney has a specified end date, so long as the principal is competent and the attorney-in-fact is notified. Third parties (such as a bank or the Land Titles Office) should also be notified of the revocation.
A Power of Attorney shall not be deemed to be an irrevocable one merely because it states, in the clauses of the deed executed for grant of such Power of Attorney, of it being irrevocable. Such Power of Attorney may be revoked by the principal or the Power of Attorney holder by the procedure according to law.