Power of Attorney and Health Care – General – Tennessee

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.

If, following execution of a durable power of attorney, a court appoints a conservator, guardian of the estate or other fiduciary charged with the management of all of the principal’s property, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated.

A principal may nominate, by a durable power of attorney, the conservator, guardian of the estate or guardian of the principal’s person for consideration by the court if protective proceedings for the principal’s person or estate are thereafter commenced. The court will make its appointment in accordance with the principal’s most recent nomination in a durable power of attorney except for good cause or disqualification.

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