# Tenn. Code Ann. § 34-6-108: Incorporation of statutory attorney in fact - Powers by reference > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T34_C6_S34-6-108 ## Section - **Citation:** Tenn. Code Ann. § 34-6-108 - **Heading:** Incorporation of statutory attorney in fact - Powers by reference - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 34 / Chapter 6 / Section 34-6-108 ## Text (a) Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in § 34-6-109 may be incorporated into the power of attorney by appropriate reference. The provisions so incorporated shall apply to the attorney in fact with the same effect and subject to the same judicial interpretation and control in appropriate cases, as though the language were set forth verbatim in such instrument. (b) Nothing contained in this section and § 34-6-109 shall be construed to limit the power of the principal either to: (1) Grant any additional powers to the attorney in fact, including any powers otherwise excluded under subsection (c); or (2) Delete any of the powers otherwise granted in § 34-6-109 . (c) Nothing contained in this section and § 34-6-109 shall be construed to vest an attorney in fact with, or authorize an attorney in fact to exercise, any of the following powers: (1) Make gifts, grants, or other transfers without consideration, except in fulfillment of charitable pledges made by the principal while competent; (2) Exercise any powers of revocation, amendment, or appointment that the principal may have over the income or principal of any trust; (3) Act on behalf of the principal in connection with any fiduciary position held by the principal, except to renounce or resign the position; (4) Exercise any incidents of ownership on any life insurance policies owned by the principal on the life of the attorney in fact; (5) Change beneficiary designations on any death benefits payable on account of the death of the principal from any life insurance policy, employee benefit plan, or individual retirement account; (6) Change, add or delete any right of survivorship designation on any property, real or personal, to which the principal holds title, alone or with others; (7) Renounce or disclaim any property or interest in property or powers to which the principal may become entitled, whether by gift or testate or intestate succession; (8) Exercise any right, or refuse, release or abandon any right, to claim an elective share in any estate or under any will; or (9) Make any decisions regarding medical treatments or health care, except as incidental to decisions regarding property and finances. (d) Nothing contained in this section and § 34-6-109 shall be construed to limit the power of a court of competent jurisdiction to prohibit an attorney in fact from taking any action, or to restrain an attorney in fact in the taking of any action, notwithstanding the authorizations or powers vested in the attorney in fact by any written instrument into which all or any part of § 34-6-109 is incorporated by reference. Acts 1991, ch. 197, § 2. (a) Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in § 34-6-109 may be incorporated into the power of attorney by appropriate reference. The provisions so incorporated shall apply to the attorney in fact with the same effect and subject to the same judicial interpretation and control in appropriate cases, as though the language were set forth verbatim in such instrument. (b) Nothing contained in this section and § 34-6-109 shall be construed to limit the power of the principal either to: (1) Grant any additional powers to the attorney in fact, including any powers otherwise excluded under subsection (c); or (2) Delete any of the powers otherwise granted in § 34-6-109 . (1) Grant any additional powers to the attorney in fact, including any powers otherwise excluded under subsection (c); or (2) Delete any of the powers otherwise granted in § 34-6-109 . er of the principal either to: (1) Grant any additional powers to the attorney in fact, including any powers otherwise excluded under subsection (c); or (2) Delete any of the powers otherwise granted in § 34-6-109 . (1) Grant any additional powers to the attorney in fact, including any powers otherwise excluded under subsection (c); or (2) Delete any of the powers otherwise granted in § 34-6-109 . (c) Nothing contained in this section and § 34-6-109 shall be construed to vest an attorney in fact with, or authorize an attorney in fact to exercise, any of the following powers: (1) Make gifts, grants, or other transfers without consideration, except in fulfillment of charitable pledges made by the principal while competent; (2) Exercise any powers of revocation, amendment, or appointment that the principal may have over the income or principal of any trust; (3) Act on behalf of the principal in connection with any fiduciary position held by the principal, except to renounce or resign the position; (4) Exercise any incidents of ownership on any life insurance policies owned by the principal on the life of the attorney in fact; (5) Change beneficiary designations on any death benefits payable on account of the death of the principal from any life insurance policy, employee benefit plan, or individual retirement account; (6) Change, add or delete any right of survivorship designation on any property, real or personal, to which the principal holds title, alone or with others; (7) Renounce or disclaim any property or interest in property or powers to which the principal may become entitled, whether by gift or testate or intestate succession; (8) Exercise any right, or refuse, release or abandon any right, to claim an elective share in any estate or under any will; or (9) Make any decisions regarding medical treatments or health care, except as incidental to decisions regarding property and finances. (1) Make gifts, grants, or other transfers without consideration, except in fulfillment of charitable pledges made by the principal while competent; (2) Exercise any powers of revocation, amendment, or appointment that the principal may have over the income or principal of any trust; (3) Act on behalf of the principal in connection with any fiduciary position held by the principal, except to renounce or resign the position; (4) Exercise any incidents of ownership on any life insurance policies owned by the principal on the life of the attorney in fact; (5) Change beneficiary designations on any death benefits payable on account of the death of the principal from any life insurance policy, employee benefit plan, or individual retirement account; (6) Change, add or delete any right of survivorship designation on any property, real or personal, to which the principal holds title, alone or with others; (7) Renounce or disclaim any property or interest in property or powers to which the principal may become entitled, whether by gift or testate or intestate succession; (8) Exercise any right, or refuse, release or abandon any right, to claim an elective share in any estate or under any will; or (9) Make any decisions regarding medical treatments or health care, except as incidental to decisions regarding property and finances. (d) Nothing contained in this section and § 34-6-109 shall be construed to limit the power of a court of competent jurisdiction to prohibit an attorney in fact from taking any action, or to restrain an attorney in fact in the taking of any action, notwithstanding the authorizations or powers vested in the attorney in fact by any written instrument into which all or any part of § 34-6-109 is incorporated by reference. Acts 1991, ch. 197, § 2. ## 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_S34-6-108. Check the current official text before relying on it. Not legal advice.