# Tenn. Code Ann. § 34-6-105: Effect of death, disability or incapacity of principal > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-105 ## Section - **Citation:** Tenn. Code Ann. § 34-6-105 - **Heading:** Effect of death, disability or incapacity of principal - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 34 / Chapter 6 / Section 34-6-105 ## Text (a) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal. (b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. (c) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under either a durable power of attorney, stating that the attorney in fact does not have actual knowledge of the termination of the durable power of attorney by revocation or death of the principal at the time of the exercise of the power, or a power of attorney that is not durable, stating that the attorney in fact does not have actual knowledge of the termination of the power of attorney by revocation or disability, incapacity or death of the principal at the time of the exercise of the power, is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This subsection (c) does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation in the principal's capacity. Acts 1983, ch. 299, §§ 5, 6; T.C.A., §§ 34-13-105, 34-13-106; Acts 2007, ch. 8, § 8. (a) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal. (b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. eviously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. (c) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under either a durable power of attorney, stating that the attorney in fact does not have actual knowledge of the termination of the durable power of attorney by revocation or death of the principal at the time of the exercise of the power, or a power of attorney that is not durable, stating that the attorney in fact does not have actual knowledge of the termination of the power of attorney by revocation or disability, incapacity or death of the principal at the time of the exercise of the power, is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This subsection (c) does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation in the principal's capacity. Acts 1983, ch. 299, §§ 5, 6; T.C.A., §§ 34-13-105, 34-13-106; Acts 2007, ch. 8, § 8. ## 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-105. Check the current official text before relying on it. Not legal advice.