Power of Attorney and Advance Directives in Gallatin, TN
03. Power of Attorney
Durable Power of Attorney for Finances
If an accident or illness left you unable to decide for yourself, who would pay your bills or talk to your doctors? Without the right papers, your family may have to ask a court for a conservatorship. A durable power of attorney and an advance directive let you choose now. We prepare them for families in Sumner, Wilson, Robertson, Williamson and Davidson counties.
A power of attorney names someone (your "attorney in fact" or agent) to handle money and property for you. Tennessee's law is the Uniform Durable Power of Attorney Act (Tenn. Code Ann. § 34-6-101 and following).
The word "durable" matters. A power of attorney is durable only if it says so in writing, for example "This power of attorney shall not be affected by subsequent disability or incapacity of the principal," or similar words (Tenn. Code Ann. § 34-6-102). The statute also allows a "springing" version that takes effect only if you become disabled or incapacitated. Without durable language, the document may not work at the moment your family needs it most.
What the document should cover. Tennessee lets you grant broad powers or limit them, and a court can limit what an agent does (Tenn. Code Ann. § 34-6-108). We talk through:
• Who you trust, and a backup agent.
• Whether it starts now or only on incapacity.
• Banking, real estate, taxes, retirement accounts and bills.
• Any powers you want to leave out.
Call (615) 997-7618 to talk with Kylene Ross about your plan.
Health Care Advance Directives
Tennessee's Health Care Decisions Act (Tenn. Code Ann. § 68-11-1801 and following) lets you:
• Name a health care agent to make medical decisions if you cannot (Tenn. Code Ann. § 68-11-1802).
• Give instructions about your care, such as life support, CPR or a feeding tube.
Signing requirements. An advance directive must be in writing and signed by you. It must be either notarized or signed by two witnesses (Tenn. Code Ann. § 68-11-1803(b)). The witnesses must be competent adults. Your agent cannot be a witness. At least one witness must be someone who is not related to you by blood, marriage or adoption and would not inherit from you. The form must include an attestation clause confirming the witnesses qualify.
When it takes effect. Unless your directive says otherwise, your agent's authority starts only when it is determined you lack capacity, and ends if you recover (Tenn. Code Ann. § 68-11-1803(c)).
If you have no agent. The health care provider identifies a surrogate, usually from family, in an order of preference that starts with a spouse, then adult children, parents and siblings (Tenn. Code Ann. § 68-11-1806). That person may not be who you would pick.
State forms. The Tennessee Health Facilities Commission publishes a free "Advance Directive for Health Care" form and a POST form (Physician Orders for Scope of Treatment). We can review a form you have filled out or prepare a document that fits your situation.
How these papers can avoid a conservatorship. When a court considers a conservatorship, it must use the least restrictive alternatives that still protect the person and their property (Tenn. Code Ann. § 34-1-127), meaning ways that keep as many decision-making rights as practical (Tenn. Code Ann. § 34-1-101). A valid durable power of attorney and advance directive can be that alternative. Read power of attorney vs. conservatorship. If it is too late for planning, see our conservatorship page.
Pair it with a will. These documents cover life. A will or trust covers what happens after death. See all estate planning and probate services.
Call (615) 997-7618 to talk with Kylene Ross about a power of attorney or advance directive. Prefer to write first? Send us a message and we are notified right away.
Preparation before and quick action after a loved one passes are the keys to estate matters
Talk to a Lawyer Today
Whether you are planning ahead or handling the estate of someone who has passed, call (615) 997-7618 to talk with Kylene Ross. Prefer to write first? Send us a message and we are notified right away.