Mr. Haynes Explains: How Do I Get Power of Attorney Over Someone in Tennessee?

This is one of the most common and most frustrating questions I get:

“My mom (or dad) is starting to forget everything. They can’t pay bills, they’re confused... I need to get power of attorney over them.”

And here’s the hard truth:

By the time you’re asking that question, it may already be too late.

You Can’t Just “Get” Power of Attorney Over Someone

Let’s clear up a major misconception right away.

You cannot just “get” power of attorney over someone.

It doesn’t work like that.

A power of attorney must be:

• Freely given
• Voluntarily signed
• Done by someone who has legal capacity

In other words:

• The person has to agree to it
• They have to understand what they are signing
• They have to choose to give you that authority

You don’t take power of attorney.

It is given to you.

What Is a Power of Attorney?

A Durable General Power of Attorney is a legal document that allows someone (called the attorney-in-fact) to step into another person’s shoes and handle their affairs.

In my office, a typical durable POA covers:

• Finances
• Banking
• Paying bills
• Dealing with property
• Healthcare decisions

It is usually drafted as broad as possible, meaning the person you appoint can do just about anything you could legally do yourself.

And yes, it can be narrowed if that’s what the client wants.

The key word here is durable, which means it continues to be effective even if the person later becomes incapacitated.

A Power of Attorney Is Not Absolute Control

Let me be very clear about something else.

A power of attorney does not make you:

• The boss of someone’s life
• Their guardian
• Or in charge of everything they do

And it definitely does not make them your slave.

A power of attorney is:

• A tool
• A convenience
• A way to help manage affairs

But the person who gave it to you is still in control.

In fact, a power of attorney can be revoked at any time.

As long as the person still has capacity, they can:

• Cancel it
• Change it
• Give it to someone else

Just because you have power of attorney does not mean they lose their rights.

The Catch: Capacity

Here’s the part most people don’t realize.

In order to sign a valid power of attorney, the person granting it must have legal capacity.

That means they must:

• Understand what they are signing
• Understand who they are giving authority to
• Understand the general effect of the document

If someone has advanced dementia, Alzheimer’s, or significant cognitive decline, they often do not have the legal capacity to sign a power of attorney.

And if they don’t have capacity, you cannot get power of attorney over them.

The Common Scenario (I See This All the Time)

Someone comes into my office and says:

“My mom’s memory is getting really bad. She forgets everything. She can’t handle her bills. I need power of attorney.”

And I have to tell them:

We’re probably past that point.

Because if your loved one doesn’t understand what they’re signing, the document is not valid.

And now we’re in a completely different situation.

Now You’re Talking About a Conservatorship

If power of attorney is no longer an option, the next step is usually a conservatorship.

A conservatorship is a court process where a judge:

• Declares someone legally incapacitated
• Appoints a conservator to manage their affairs

This is not a simple document.

This is a lawsuit.

Why Conservatorships Are a Big Deal

Conservatorships are:

• More complicated
• More time-consuming
• Much more expensive

You’re looking at:

• Attorney’s fees (often thousands of dollars)
• Court costs
• Possible Guardian ad Litem (GAL) fees
• Medical proof requirements
• A formal court proceeding

And sometimes they are contested.

Meaning family members disagree about:

• Who should be in charge
• Whether a conservatorship is even necessary

Now what could have been handled with a simple document becomes a stressful legal battle.

The $100 Problem That Turns Into a $5,000 Problem

Here’s the part I want people to really understand.

A Durable General Power of Attorney in my office is about $100.

That one document, done at the right time, can:

• Avoid court
• Avoid conflict
• Avoid thousands of dollars in legal fees

But it only works if it’s done before capacity is lost.

The Real Lesson

Power of attorney is not something you “get” when things go bad.

It’s something you put in place before things go bad.

Because once someone loses capacity, the door closes on POA and the door opens to conservatorship.

Final Thought

If you have aging parents, a spouse, or anyone in your life whose health or memory may decline, do not wait.

These conversations are uncomfortable, but they are a lot less uncomfortable than going to court, fighting over control, spending thousands of dollars, and dealing with a situation that could have been avoided.

A simple plan now can save you a lot of problems later.

Trusted Counsel. Proven Results.
Mr. Haynes Explains