Sample Tennessee Power of Attorney
What is a Tennessee Power of Attorney and How is It Used?
It’s something few of us like to talk about yet it’s a crucial step to take to ensure that you take the right measures, or at least take action that is right by you upon death or when ill and incapacitated.
A power of attorney is a legal instrument with authorization for one act as your agent (you being the principal). Power of attorney terminates sometimes in the future when its term end or through the operation of the law through the death of the agent or the principal. Letters of attorney also refer to power of attorney with the appointed person called the Attorney-in-Fact. If a power of attorney doesn’t provide for the appointment of a successor attorney-in-fact, the instrument terminates upon the death of the attorney-in-fact.
Types of Power of attorney
As you get ready to fill your power of attorney form in Tennessee, an understanding of the types of power of attorney is crucial.
1. Tennessee Durable Power of Attorney
If you fill a durable power of attorney form, it means that you are granting the named individual the ability to make appropriate health care plus end-of-life decisions, on your behalf, or on behalf of the person that initiated the agreement.
The designated individual is often a close relative who will use the legal instrument to communicate to the principal’s doctors and other hospital staff should you become incapacitated, hence unable to consent to treatment.
In the state of Tennessee, like other states, the regulation of the process is referred to as the durable power of attorney for health care.
For its validity, the durable power of attorney needs to be signed by two witnesses, and it should also be notarized. The document also needs to specify its authorization to make health care decisions.
What are the specific powers or the life-prolonging acts of the durable power of attorney? It gives powers for any procedures, treatments to diagnose assess or treat illnesses, disease, injury. The powers also include administration of drugs, transfusions, surgery, dialysis, mechanical ventilation, CPR, hydration, artificial nourishment, and radiation. Note that death by dehydration or starvation is only allowed if it’s explicitly directed with a statutory phrase.
Can the durable power of attorney be revoked?
Yes. It’s revocable in five ways:
By notifying the attorney-in-fact in writing or orally
Notifying the health caregiver in writing or orally
Through the execution of the subsequent durable power of attorney
Through divorce is the former spouse was designated
If the principal’s current wishes supersede the durable power of attorney.
The document is valid for use from one state to another only if the document complies with the laws stipulated in the laws of Tennessee.
Immunity is offered to the attending physician if the physician acts in good faith. In such cases, the attending physician is free from any civil, professional or criminal liability.
2. General Durable Power of Attorney
A general durable power of attorney refers to the power of attorney through which a principal designates another to be the principal’s attorney-in-fact in writing. It has the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or “This power of attorney shall become effective upon the disability or incapacity of the principal,” or any other similar words, as long as the show the intent of the principal and that the authority conferred will be exercisable, the principal’s subsequent incapacity or disability notwithstanding.
If, after the execution of this general durable power of attorney, the court appoints a conservator, a guardian of the estate or any other fiduciary charged with management of the principal’s property, the agent will be accountable to the fiduciary and the principal.
The fiduciary could revoke or amend the power otherwise held by the principal if the principal were not incapacitated or disabled.
If protective proceedings are commenced for the principal’s estate, the principal may nominate, by a durable power of attorney, the conservator for consideration by the court. The court makes its appointment according to the principal’s recent nomination in a durable power of attorney unless there is a good cause or even disqualification.
3. Tennessee Limited Power of Attorney Law
As you get ready to fill your free power of attorney form, you want to be sure of the type of power of attorney you are getting.
A limited power of attorney allows a principal to give only specific powers to the agent or the attorney-in-fact. This limited power of attorney allows the agent to handle specific matters when the principal is unable or unavailable to do so.
Limited power of attorney cannot be revoked unless notice is issued for revocation.
For revocation, the principal has to send a written notice of revocation to the agent or the acting attorney-in-fact to all third parties relying on the authority of the agent.
4. Tennessee Power of Attorney for Childcare Law
A power of attorney over a child refers to a document that is signed and notarized by a parent giving a non-parent the authority to make decisions for a minor. It is issued when a parent is unavailable for a specific duration. The power can be revoked at any time.
Whether you live in Chattanooga, Knoxville, Nashville, Memphis, Clarksville, Franklin, Jackson, Johnson City or any other city of Tennessee, you can use our free Tennessee power of attorney forms easily. Fill out the form above to get started.
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