Tennessee Power of Attorney Requirements

Tennessee requirements

• We could not verify from a Tennessee state source whether Tennessee has adopted the Uniform Power of Attorney Act or which chapter of the Tennessee Code applies to your situation. Confirm that against the Tennessee Code published by the General Assembly before you rely on any form.
• The principal signs the document. Have the signature acknowledged before a Tennessee notary public, since banks, brokerages and county registers of deeds normally expect an acknowledged signature before they will act on or record a power of attorney.
• Tennessee notaries are commissioned through the Secretary of State, which maintains a searchable database of notary commissions and also registers online notaries public. Check that the commission is current before the signing appointment.
• State expressly in the document that the agent's authority continues if the principal later becomes disabled or incapacitated, and confirm the durability wording Tennessee currently expects with a Tennessee attorney or the institution that will accept the document.
• We could not verify a general witness rule for financial powers of attorney from a Tennessee state source. If you use witnesses, pick adults who are not the agent, and ask the accepting institution what it requires.
• If the agent will sign anything affecting real estate, ask the register of deeds in the county where the property sits what it needs for recording before the closing date.

Frequently asked questions

Does a Tennessee power of attorney need to be notarized?

Treat notarization as necessary in practice. We could not confirm the statutory rule from a Tennessee state source, but a power of attorney used for real estate has to be acceptable to the county register of deeds, and financial institutions generally ask for an acknowledged signature, so sign in front of a Tennessee notary public.

Who commissions notaries in Tennessee?

The Tennessee Secretary of State. It maintains a searchable database of notary commissions and registers online notaries public, which is a quick way to confirm a notary is currently commissioned.

Official sources

• https://sos.tn.gov/businesses/guides/how-to-become-a-notary