Free Tennessee Real Estate Power of Attorney Form Template

A Tennessee real estate power of attorney form appoints an attorney-in-fact to handle real estate for you. Tennessee’s Uniform Durable Power of Attorney Act, Title 34, Chapter 6, Part 1, governs it, and Title 66 covers registration.

Two titles of the Tennessee Code apply.

Durable Only With the Right Words

Under section 34-6-102, a power of attorney is durable only if it contains words showing it continues despite the principal’s later disability or incapacity.

Real Estate Powers

Section 34-6-109 lists real estate powers an attorney-in-fact may be given, including buying, selling, leasing, and mortgaging property and signing deeds and deeds of trust.

Registrable Instrument

Under section 66-24-101, powers of attorney authorizing the sale, transfer, or conveyance of real or personal estate are among the instruments that may be registered.

Acknowledged or Proved for Registration

To be registered, the instrument’s signature must be acknowledged before a notary or proved by subscribing witnesses under section 66-22-101.

Registration requires the signature to be acknowledged before a notary or proved by subscribing witnesses under section 66-22-101.

Powers of attorney authorizing the sale or conveyance of real estate are registrable instruments under section 66-24-101, so plan for registration when your attorney-in-fact will sign a deed.

Tip: Include express durable wording in your Tennessee real estate power of attorney form if you want it to survive your incapacity. Section 34-6-102 requires that wording.

Prepare it for registration:

1. Name yourself as principal and your attorney-in-fact.
2. Identify the property and the real estate powers you grant.
3. Add durable wording if you want it to survive incapacity.
4. Sign the document.
5. Acknowledge it before a notary.
6. Register it with the register of deeds when your attorney-in-fact signs a deed.

Cover these points:

• Principal’s and attorney-in-fact’s names
• The property and the real estate powers granted
• Durable wording, if you want it
• Principal’s signature
• A notary’s acknowledgment

Document Genius’s step-by-step questionnaire covers each item. Your Tennessee real estate power of attorney form is ready for the notary in minutes.