A durable power of attorney designates in writing an agent (attorney in fact) and 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.) (34-6-102.)
This instrument offers three choices for effective dates.
1. Immediately
2. Upon incapacity
3. Immediately when my spouse is acting as my Agent. If my spouse declines, is unable or ceases to serve as Agent, this Power of Attorney becomes effective upon my becoming disabled or incapacitated.

In the event your agent is unable or unwilling to serve a (substitute Agent) is named.

When the principal is (disabled or incapacitated). All acts done by the agent (attorney in fact) (bind the principal and the principal's successor in interest as if the principal were competent and not disabled.) 34-6-103

In general, if the attorney if fact acts under the power of attorney, he/she has a duty to account to the principal, or any legal representative. 34-6-107

This Durable Power of Attorney states: Pursuant to T.C.A. 34-6-101 et seq. and T.C.A. 34-6-201 et seq. (collectively the "Law"). I intend for the Law to apply in all respect and for this instrument to be construed broadly and not narrowly.

(Tennessee DPOA Package includes form, guidelines, and completed example)

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