Tennessee Power of Attorney (2026): What T.C.A. 34-6 Says

Updated October 25, 2026. Quick answer: Tennessee’s general power of attorney statute, Tenn. Code Ann. §§ 34-6-101 to 34-6-112 (the Uniform Durable Power of Attorney Act), states no signing, witness or notary requirement. A power of attorney here is durable only if the document says so: § 34-6-102 asks for words such as “This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or similar words showing that intent. The statute prints no form for the whole document.

What decides whether the document is valid

Part 1 of Tennessee’s power of attorney chapter prints no signing, witness or notary requirement, and other Tennessee laws could add formalities for a particular use; we have not surveyed those. What the statute does decide is durability: a document without the words described in § 34-6-102 is not a durable power of attorney. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.

Statutory powers, not a form

Tennessee does not print a statutory form for the whole document. Section 34-6-108 lets a power of attorney adopt, by reference, the powers listed in § 34-6-109. Under § 34-6-108(c), that incorporation does not give an agent certain powers, among them making gifts, changing beneficiary designations and making health care decisions, unless the document grants them expressly.

Durability — the point most people get wrong

Here a power of attorney is durable only if the document says so. Section 34-6-102 asks for words such as “This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or similar words showing that intent. Leave them out and the document is not a durable power of attorney, which is why its exact wording matters.

Why a springing power often fails when it is needed, and why durable is usually the better default.

What is and is not settled on this page. Every statement above was read from Tenn. Code Ann. §§ 34-6-101 to 34-6-112 and § 34-6-203. We did not survey other Tennessee laws that could add formalities for a particular use, so confirm with whoever will receive the document.

If a bank refuses it

Tennessee’s power of attorney chapter does not address this. Part 1 (§§ 34-6-101 to 34-6-112) contains no provision that requires a bank or other third party to accept a power of attorney, and none that sets a deadline or a penalty for refusing.

What the acceptance-and-refusal statutes require where they exist, the permitted grounds for refusal, and the attorney-fee remedy.

What the form does not solve

• Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
• It has to be signed while capacity is intact. The day that closes, the alternative is a court.
• Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.

All 51 jurisdictions compared.

General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.