Power of Attorney Acceptance and Refusal Rules in Tennessee

At a glance

Requirements one by one

The agent's authority and refusal remedy

The principal may incorporate the statutory powers in § 34-6-109 into a power of attorney by clearly expressing that intention in the instrument; the principal may also add or delete powers (§ 34-6-108(a)–(b)). Subject to the instrument's terms, subdivision (17) includes authority to seek a declaration interpreting the power, a mandatory injunction requiring compliance with the agent's instructions, or actual and punitive damages against a person failing or refusing those instructions (§ 34-6-109(17)). The provision describes relief an agent may seek; it does not set a general bank response period.

Reliance affidavit

For acts undertaken in good faith reliance on a power, § 34-6-105(c) gives an agent's affidavit conclusive-proof effect on whether the power had been revoked or terminated at that time. Its contents differ for durable and non-durable powers. The section addresses that proof and recordability of the affidavit, rather than a separate recipient request or later acceptance deadline.

What trips people up

The possibility of an injunction or damages is not an automatic order to accept every presented instrument. The § 34-6-109 powers remain subject to the principal's instrument, and the statute gives the agent authority to seek relief against a failure or refusal (§§ 34-6-108(a)–(b), 34-6-109(17)).

Common questions

How quickly must a recipient respond? The refusal-remedy and affidavit provisions cited here state no number of days to accept, request more information, or reject (§§ 34-6-105(c), 34-6-109(17)).

Must the recipient give written reasons? Subdivision (17) describes remedies for failure or refusal but does not prescribe a written-rejection notice (§ 34-6-109(17)).

Does the affidavit prove that the agent still has every power? Section 34-6-105(c) gives the specified affidavit conclusive effect on nonrevocation or nontermination at the time of good faith reliance; it leaves other instrument-based termination terms intact.

Statutes and sources

Tenn. Code Ann. § 34-6-108

Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in § 34-6-109 may be incorporated into the power of attorney by appropriate reference.

Accessed 2026-10-04.

Tenn. Code Ann. § 34-6-109(17)

(17) Sue, defend or compromise suits and legal actions, and employ counsel in connection with the suits and legal actions, including the power to seek a declaratory judgment interpreting this power of attorney, or a mandatory injunction requiring compliance with the instructions of the principal's attorney in fact, or actual and punitive damages against any person failing or refusing to follow the instructions of the principal's attorney in fact;

Accessed 2026-10-04.

Tenn. Code Ann. § 34-6-105(c)

(c) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under either a durable power of attorney, stating that the attorney in fact does not have actual knowledge of the termination of the durable power of attorney by revocation or death of the principal at the time of the exercise of the power, or a power of attorney that is not durable, stating that the attorney in fact does not have actual knowledge of the termination of the power of attorney by revocation or disability, incapacity or death of the principal at the time of the exercise of the power, is conclusive proof of the nonrevocation or nontermination of the power at that time.

Accessed 2026-10-04.