Powers of Attorney Lawyer Serving Franklin, Tennessee

Planning for the future involves making important decisions about your personal, financial, and medical well-being. A practical way to protect your interests is by establishing a power of attorney. A POA allows you to establish someone to make decisions on your behalf if you are unable to, but you will need to follow specific regulations to comply with Tennessee law.

At Middle Tennessee Family Law, we are here to guide you through the process of creating a power of attorney that meets your specific needs. Led by Attorney Tiffany Johns, we serve residents of Franklin, Tennessee, and the surrounding areas of Murfreesboro and Nashville.

With over a decade of legal experience, we are dedicated to delivering compassionate and personalized legal solutions that bring you peace of mind. Contact us today to schedule a free initial consultation and learn how we can help.

What Is a Power of Attorney?

A power of attorney is a legal document that allows you to grant another person (referred to as your “agent” or “attorney-in-fact”) the authority to make decisions on your behalf. These arrangements empower a trusted person to handle important matters if you are unable to do so yourself due to illness, injury, or other specific circumstances. 

These arrangements can be open (i.e., to handle all personal matters) or closed (i.e., to handle one specific matter).

Types of Powers of Attorney

There are several types of powers of attorney that you can create. However, you will need to determine your needs and the scope of the POA to determine the best option for you.

• Financial power of attorney: This document empowers your agent to manage your financial affairs. They can handle tasks such as paying your bills, managing bank accounts, and filing taxes.
  

• Healthcare power of attorney: Also known as a medical power of attorney, this document grants the agent the authority to make healthcare decisions on your behalf. It often works in tandem with a living will or advanced medical directive to reflect your preferences for medical treatment.
  

• Durable power of attorney: This remains in effect even if you become incapacitated. It is often used for financial and medical powers of attorney to ensure continuity if you are unable to make decisions on your own.
  

• Limited or special power of attorney: This designation grants your agent authority for specific tasks or within a limited time frame. For example, you can authorize someone to sell property on your behalf. 

Tennessee Laws Governing Powers of Attorney

Tennessee law has clear guidelines for establishing and enforcing powers of attorney. The Tennessee Uniform Durable Power of Attorney Act governs the creation and use of durable powers of attorney, which are often the most commonly chosen format. Some key points to be aware of about powers of attorney include the following.

• Durability: Under Tennessee law, a power of attorney is presumed to be durable unless explicitly stated otherwise. This makes sure it remains valid even if you become incapacitated, providing uninterrupted protection for your interests.
  

• Execution requirements: To execute a power of attorney in Tennessee, the document must be signed in the presence of a notary public. This step makes the document legally valid and binding.
  

• Authority of the agent: Tennessee law provides the agent significant flexibility to act on your behalf, but only to the extent specified in the power of attorney document. You can grant full authority or limit the agent to specific tasks.
  

• Termination: A power of attorney automatically ceases upon your death or if you revoke it in writing. Similarly, a durable power of attorney is terminated if deemed invalid by a court of law.
  

• Medical powers of attorney: In Tennessee, clear and precise language is essential when making healthcare decisions, particularly for end-of-life care. It is common to pair a healthcare power of attorney with an advanced directive for thorough coverage of your medical wishes.

Benefits of Establishing a Power of Attorney

Creating a power of attorney offers significant advantages for you and your loved ones and can often reduce undue stress, especially during challenging situations. Some common reasons why Tennessee residents choose to put a power of attorney in place include the following.

• Peace of mind: Knowing that a trusted individual will handle matters on your behalf can help you feel secure, particularly if illness or unexpected events arise. 

• Avoidance of court intervention: If you cannot make decisions and don't have a power of attorney in place, legal guardianship or conservatorship proceedings may be necessary. These processes can be both time-consuming and expensive. Establishing a power of attorney allows you to bypass this hassle, providing a simpler and more efficient solution. 

• Control and personalization: You have the flexibility to include specific instructions that align your decisions with your values and preferences. 

• Continuity for loved ones: A well-drafted power of attorney allows your loved ones to manage practical matters without delay or uncertainty. 

• Streamlined financial and healthcare management: With a designated agent, bills, investments, and medical treatment decisions can be managed seamlessly, even if you cannot weigh in. 

How to Choose the Right Agent for a POA

Selecting the right person to act as your agent is a crucial step in creating a power of attorney and is not something to take lightly. Some qualities you should consider when selecting an agent include the following.

• Trustworthiness: Since this person will have access to your finances or the ability to make medical decisions on your behalf, trust is paramount. 

• Decision-making skills: Choose someone who can remain calm under pressure and make thoughtful decisions that align with your wishes. 

• Availability: It’s essential to select an agent who will be easily accessible and able to respond promptly when needed. 

• Willingness: Consult with the individual beforehand to confirm they are comfortable and willing to take on this responsibility. 

Many people choose close family members, such as a spouse or adult child, to serve as their agent. However, in some cases, trusted friends or professional advisors may be a better choice, depending on the state of your affairs and family dynamics.