Legal Services at the Intersection of Business and Life

Establishing A Power Of Attorney In Tennessee

Last updated on August 25, 2026

Estate planning is not just about distributing assets after death – it is about protecting your independence, finances, and medical wishes during life. A sudden illness, accident, or military deployment can render you temporarily or permanently unable to make crucial decisions.

Executing a legal Power of Attorney (POA) in Tennessee ensures that a trusted individual has the legal authority to step in when you cannot. Without these documents in place, your family may be forced into a costly, public court battle to establish a conservatorship in Montgomery or Robertson County Chancery Court.

At Batson Nolan PLC, our estate planning attorneys help business owners, military families, and individuals throughout Clarksville and Springfield establish customized Powers of Attorney that connect business and life seamlessly.

Table of Contents

What is a Power of Attorney?

A Power of Attorney is created when one person (referred to as the Principal) gives another person (referred to as the Agent) the ability to make decisions on their behalf in the event that the Principal is unable to make them.

What Types of Powers of Attorney exist?

Here at Batson Nolan PLC, we generally include two different kinds of Powers of Attorney in our Estate Planning package:

A financial Power of Attorney
A Power of Attorney for Health Care

However, there are also a couple of specific Powers of Attorney for special occasions.

Financial Power Of Attorney

A Financial Power of Attorney is a legal document that gives someone the ability to make financial decisions on your behalf, in the event that you are unable or incapable of making them. In this regard, “financial decisions” include any financial decisions that the Principal himself could make, such as writing checks, withdrawing cash, transferring real property, accessing safety deposit boxes, etc.

Examples. A Financial Power Of Attorney can be used by:

A son to pay his aging mother’s bills.
A wife to buy property when her husband is deployed.
A sibling to help with managing the finances for a sibling who has dementia.

Durable Power of Attorney

A durable power of attorney is when the agent can continue to act even if the principal incurs a disability or loses their decision-making capacity. In other words, the document remains effective until the principal revokes it or dies. With a durable power of attorney, the agent has a wide range of powers unless the principal specifically limits their authority to act. For example, an agent can do any of the following:

Sign documents,
Establish and access bank accounts,
Buy and sell real property,
File and pay taxes,
Acquire life insurance policies, and
Access the principal’s electronic communications.

With the power to make such impactful decisions for you, it’s important to choose an agent that you trust and someone who has your best interests at heart.

Power Of Attorney For Health Care

A Power of Attorney for Health Care is a legal document that gives someone the ability to make health care decisions on your behalf, in the event that you are unable or incapable of making them. In this regard, “health care decisions” include any health care decisions that the Principal herself could make, such as receiving medical records, authorizing medical procedures, authorizing the provision of medicines or medical treatment, etc. Examples. A Power of Attorney for Health Care can be used by….

A daughter to access an ailing father’s medical records.
A husband to authorize emergency surgery for his wife who is in a coma.
A sibling to assisting another sibling in enrolling into a nursing home.

Limited Power Of Attorney For Minor Children

A Limited Power of Attorney for Minor Children is a type of Power of Attorney whereby parents will give an individual(s) the power to make health care decisions for their minor children if they are unable or incapable of making them.

We most often use this type of power of attorney when the parents of minor children are going on an extended trip, and they want the caregivers of their children to be able to make emergency health care decisions for them in the event that they are unable to be reached to make them. This power of attorney generally includes the same powers as the standard Power of Attorney for Health Care, but is limited in terms of duration.

Springing Power of Attorney

With a springing power of attorney, the agent’s powers only take effect when a certain event occurs. For example, the principal may instruct that the power of attorney kick in only when they become mentally incapacitated.

Why You Need a Power of Attorney Before Crisis Strikes

Maintain Personal & Business Control: Choose who handles your bank accounts or business rather than leaving it to a judge.
Prevent Costly Conservatorships: If you become incapacitated without a POA, your family must petition the local Chancery Court for a Conservatorship. Conservatorships involve court hearings, medical evaluations, ongoing accounting reports, and significant legal fees.
Protect Business Assets: For local business owners, a sudden disability without a financial POA can freeze business accounts, halt payroll, and trigger contract defaults.
Provide Family Clarity: Clear legal documentation prevents conflicting opinions among family members during high-stress medical events.

When Should You Update or Execute a POA in Tennessee?

You must be 18 years of age or older and mentally competent to execute a Power of Attorney. It is time to establish or update your documents if you experience:

Starting or expanding a business in Middle Tennessee.
Marriage, divorce, or blending a family.
Purchasing residential or commercial real estate.
Upcoming military deployment from Fort Campbell.
Recent diagnosis of a progressive medical condition.

Get Started Today: Contact Batson Nolan PLC In Clarksville

If you do not currently have Powers of Attorney executed, do not wait until it is too late. Contact Batson Nolan and set up an appointment with our Estate Planning team, so that you can ensure your estate is adequately planned to provide for events of incapacity.

Our experienced legal team in Clarksville and Springfield, Tennessee, also handles other types of estate planning cases, including:

Call 931-650-5484 to plan your estate today!