# Tenn. Code Ann. § 34-6-102: "Durable power of attorney" defined

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-102

## Section

- **Citation:** Tenn. Code Ann. § 34-6-102
- **Heading:** "Durable power of attorney" defined
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 34 / Chapter 6 / Section 34-6-102

## Text

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. Acts 1983, ch. 299, § 2; T.C.A., § 34-13-102.
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.
Acts 1983, ch. 299, § 2; T.C.A., § 34-13-102.

## Nearby sections

- [Tenn. Code Ann. § 34-6-101 Short title - Construction of part](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-101.md)
- [Tenn. Code Ann. § 34-6-102 "Durable power of attorney" defined](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-102.md)
- [Tenn. Code Ann. § 34-6-103 Effect of acts done by attorney](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-103.md)
- [Tenn. Code Ann. § 34-6-104 Effect of appointment of conservator, guardian or other fiduciary - Nomination by principal](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-104.md)
- [Tenn. Code Ann. § 34-6-105 Effect of death, disability or incapacity of principal](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-105.md)
- [Tenn. Code Ann. § 34-6-106 Bond](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-106.md)
- [Tenn. Code Ann. § 34-6-107 Fiduciary relationship of attorney in fact with the principal](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-107.md)
- [Tenn. Code Ann. § 34-6-108 Incorporation of statutory attorney in fact - Powers by reference](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-108.md)
- [Tenn. Code Ann. § 34-6-109 Attorney in fact - Powers](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-109.md)
- [Tenn. Code Ann. § 34-6-110 Gifts under power of attorney](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-110.md)
- [Tenn. Code Ann. § 34-6-111 Access to medical information by personal representative for limited purpose of determining disability or incapacity when effective date of power of attorney deferred](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-111.md)
- [Tenn. Code Ann. § 34-6-112 Access to electronic communications](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-112.md)
- [Tenn. Code Ann. § 34-6-201 Part definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-201.md)
- [Tenn. Code Ann. § 34-6-202 Applicability of part](https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-202.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-102. Check the current official text before relying on it. Not legal advice.