Tennessee Power of Attorney: Durable POAs Explained
Under the Tennessee Uniform Durable Power of Attorney Act (T.C.A. § 34-6-101 et seq.), a power of attorney is durable — surviving the principal's later incapacity — only if it contains durability language showing that intent, such as 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal' (T.C.A. § 34-6-102). Without that language, the agent's authority ends if the principal becomes incapacitated.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Tennessee attorney about your specific situation.
A power of attorney (POA) lets you name an agent to handle financial and legal matters for you. Whether it keeps working if you become incapacitated depends on how it’s written.
Durability is not automatic in Tennessee
Under the Tennessee Uniform Durable Power of Attorney Act (T.C.A. § 34-6-101 et seq.), a POA is durable — meaning it survives the principal’s later incapacity — only if it contains durability language showing that intent (T.C.A. § 34-6-102).
Typical language is something like:
“This power of attorney shall not be affected by subsequent disability or incapacity of the principal.”
Without that language
If the document lacks durability language, the agent’s authority ends if the principal becomes incapacitated. That’s the opposite of what most people want, because a POA is most useful exactly when you can no longer act for yourself.
Pair it with the rest of your plan
A durable financial POA works alongside your advance directives for health care, your will, and any living trust.
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Start your free intakeFrequently asked questions
- Is a Tennessee power of attorney automatically durable?
- No. A Tennessee POA is durable only if it contains durability language showing that intent (T.C.A. § 34-6-102). Without it, the agent's authority ends if the principal becomes incapacitated.
- What durability language does Tennessee require?
- Words showing the power is meant to survive incapacity — for example, 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal' (T.C.A. § 34-6-102).
- Why does durability matter?
- A POA is most valuable precisely when you can't act for yourself. If it isn't durable, your agent loses authority the moment you become incapacitated — when you may need help most.
Sources
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