Tennessee: Power of Attorney Requirements

The short answer

Tennessee's Uniform Durable Power of Attorney Act — an older act, not the
newer model law most states have adopted — defines a durable power of
attorney as "a power of attorney by which a principal designates another as
the principal's attorney in fact in writing" where the writing "contains the
words" showing intent that authority continue despite later disability or
incapacity (§ 34-6-102). That's the whole formal requirement: no witness, no
notary, for basic validity. Skip that specific wording, though, and the power
of attorney is ordinary and non-durable — it lapses the moment you're
incapacitated.

Notarization becomes relevant only when the power of attorney will be
registered with the county register — typically because the agent needs to
sign a deed or other real-property instrument. A registrable writing's
signature must be "either acknowledged according to law or proved by at
least two (2) subscribing witnesses" (§ 66-22-101(a)).

Requirements one by one

Governing law

Tennessee's durable power of attorney (POA) rules are in the Uniform Durable
Power of Attorney Act, Tenn. Code Ann. Title 34, Chapter 6, Part 1 (§§
34-6-101 to 34-6-112), enacted in 1983. This is an older uniform act, distinct
from the newer Uniform Power of Attorney Act many states have since adopted.
A 2019 bill would have repealed Part 1 and replaced it with a new Chapter 6A
enacting that newer act, but it did not pass — Part 1 remains current law.

Who must sign

Part 1 does not prescribe a signing ceremony. It requires only that the
principal designate the attorney in fact "in writing," containing the
durability language described below (§ 34-6-102).

Notarization

Not required for basic validity — nothing in §§ 34-6-101 to 34-6-112
conditions the power of attorney's validity on notarization. It becomes
relevant only if the document will be registered with the county register:
"to authenticate an instrument or document for registration or recording in
the office of the county register, the maker ... shall execute the
instrument or document by that person's original signature, and the
signature shall be either acknowledged according to law or proved by at
least two (2) subscribing witnesses" (§ 66-22-101(a)). "Acknowledged according
to law" means before a notary public or another officer authorized to take
acknowledgments.

Witnesses

None required by Part 1 for basic validity. Two subscribing witnesses appear
only as an alternative path to notarization if the power of attorney needs to
be registered with the county: "the signature shall be either acknowledged
according to law or proved by at least two (2) subscribing witnesses" (§
66-22-101(a)).

Statutory form

No. Sections 34-6-101 through 34-6-112 address durability, the effect of
acts during incapacity, revocation, bonding, and fiduciary duties — plus an
option to incorporate a separate statutory list of powers "by appropriate
reference" (§ 34-6-108) — but none of them supplies a fill-in template for
the power of attorney itself.

Durable by default?

No. The writing must contain "the words" — specific language: "This power of
attorney shall not be affected by subsequent disability or incapacity of the
principal," or similar words showing that intent (§ 34-6-102). Without it,
the power of attorney is ordinary and non-durable, and it ends the moment
you lose capacity — exactly when a durable POA is usually needed.

Springing POA allowed?

Yes. The same subsection offers an alternative to immediate durability: "This
power of attorney shall become effective upon the disability or incapacity
of the principal" (§ 34-6-102). The statute doesn't specify who determines
that the trigger has occurred, so the document itself should say how that
determination will be made.

Real estate extras

No extra execution ceremony for the power of attorney itself, but real
estate use typically means county registration. "All powers of attorney
authorizing the sale, transfer, or conveyance of real or personal estate, or
for any other purpose, or appointing an agent to transact any business
whatever" are among the writings that "may be registered" with the county
register (§ 66-24-101(a)(2)). To be recordable, the power of attorney's
signature has to meet the same authentication standard as any other
registrable instrument — acknowledged or proved by two subscribing witnesses
(§ 66-22-101(a)).

Out-of-state POAs

Not addressed by statute. None of §§ 34-6-101 through 34-6-112 states a rule
for recognizing a power of attorney executed under another state's law; Part
1 is silent on the question.

What trips people up

• Forgetting the exact durability wording. Without language matching (or
  closely tracking) § 34-6-102, the power of attorney is not durable and
  becomes void the moment you're incapacitated.
• Assuming no notary is ever needed. True for basic validity, but not for
  real estate: a power of attorney has to be authenticated under § 66-22-101
  to be registered with the county, which matters whenever the agent will
  sign a deed or other recordable instrument.
• Expecting an official state form. There isn't one; Part 1 governs only
  durability and related mechanics, leaving the substance of the document
  entirely to the drafter.
• Confusing this with the health care power of attorney. Tennessee's
  Durable Power of Attorney for Health Care is a separate part of the same
  chapter (Part 2, §§ 34-6-201 to 34-6-218) with its own notary-or-two-witness
  execution rule — don't assume that rule applies to a financial power of
  attorney.

Common questions

Does Tennessee require witnesses or a notary for a power of attorney?
No, not for basic validity — only the durability wording in a signed writing
(§ 34-6-102). Authentication (notarization or two subscribing witnesses) is
required only to register the document with the county (§ 66-22-101(a)).

Is a Tennessee power of attorney durable automatically? No. It's durable
only if the writing contains the statute's required wording (or similar
words) showing that intent (§ 34-6-102).

Can it take effect only if I become incapacitated? Yes, using the
statute's alternative language that the power "shall become effective upon
the disability or incapacity of the principal" (§ 34-6-102); the statute
doesn't specify a certification mechanism, so name one in the document.

Will my out-of-state power of attorney work in Tennessee? Part 1 doesn't
address this directly, so there's no statutory guarantee either way.

Statutes and sources

Quotations for §§ 34-6-101, 34-6-102, 34-6-105, 66-22-101, and 66-24-101 are
from the Tennessee Code Annotated as reproduced by Public.Resource.Org's
"cic-beautify-state-codes" project (release 74) at unicourt.github.io,
accessed 2026-07-04, cross-checked against Justia's and FindLaw's current
copies (identical text; no amendment postdates what's quoted here).

• § 34-6-101 — short title and construction. Quoted above.
  View source text (justia.com)
• § 34-6-102 — the definition of a durable power of attorney: required
  durability or springing wording. Quoted above.
  View source text (unicourt.github.io)
• § 34-6-105 — effect of death, disability, or incapacity on the agency.
  Quoted above.
  View source text (unicourt.github.io)
• § 66-22-101 — authentication required for county registration
  (acknowledgment or two subscribing witnesses). Quoted above.
  View source text (unicourt.github.io)
• § 66-24-101 — writings eligible for registration, including powers of
  attorney conveying real or personal estate. Quoted above.
  View source text (unicourt.github.io)

No pending Tennessee legislation currently affects any of the requirements
described on this page.