A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney in fact in writing and the writing contains the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or “This power of attorney shall become effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable, notwithstanding the principal's subsequent disability or incapacity.
Tenn. Code Ann. § 34-6-102
“Durable power of attorney” defined
Applied in 2 court decisions — leading case Tennessee Farmers Life Reassurance Co. v. Rose (2007)
Most recently applied in Tennessee Farmers Life Reassurance Co. v. Rose (October 2007)
Acts 1983, ch. 299, § 2; T.C.A., § 34-13-102.
Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.