Estate Planning – Durable Power of Attorney


"The Disclaimer" - The following is a summary/outline and does apply to your particular situation and is not legal advice. It's general information.


General Durable Power of Attorney

The Power of Attorney allows someone else to make decisions for you. Your designee (sometimes referred to as the "Power of Attorney", "Attorney in Fact", "POA" or "Attorney") can do anything that you could do as described under the power of attorney document. Under law (at least in Tennessee) having a power of attorney can create a "confidential relationship" and prohibits the attorney in fact from benefitting himself or herself at your expense.

You must decide what powers the attorney in fact will be able to exercise. The Tennessee Code provides a handy list of the "usual" powers. You have to decide whether the POA is effective immediately or upon your future incapacity. Most importantly, you need to decide who you trust to take care of your affairs if you are unable to make your own decisions, as well as a second person to be the backup POA.