Tennessee Code Annotated
Tenn. Code Ann. § 34-6-108 (2026)
Incorporation of statutory attorney in fact - Powers by reference
✓ current as of May 2026
- (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.
Notes of Decisions
Cited in 12
cases (4 in the last 5 years), 1996–2025 · leading case: Tennessee Farmers Life Reassurance Co. v. Rose, 239 S.W.3d 743 (Tenn. 2007).
Tennessee Farmers Life Reassurance Co. v. Rose, 239 S.W.3d 743 (Tenn. 2007). “We begin our analysis by examining two particular sections of the Act, sections 34-6-108 and 34-6-109. Section 34-6-108(a) provides: Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in §…”
Stewart v. Sewell, 215 S.W.3d 815 (Tenn. 2007). “Accordingly, [Sewell and Judkins] acted in direct contravention of the power of attorney and Tenn. Code Ann. § 34-6-108 (c)(l) and (6) by depositing the proceeds in a series of certificates of deposit with themselves identified as co-owners and with right of survivorship upon…”
Par. v. Kemp, 179 S.W.3d 524 (Tenn. Ct. App. 2005). “1996) Tennessee law as found in T.C.A. 34-6-108(c) provides: (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…”
George Haskel Stewart v. Demple L. Sewell (Tenn. Ct. App. 2005). “-3- Thereafter, Plaintiff filed this action seeking to recover the property, or a constructive trust and/or damages resulting from the Fiduciaries’ acts in contravention of the power of attorney and Tenn. Code Ann. § 34-6-108 (c)(6) and the breach of their fiduciary duties.”
Eva Weaver v. Priscilla Deverell (Tenn. Ct. App. 2011). “See Tenn. Code Ann. §34-6-108 (d) (“Nothing contained in this section and § 34-6-109 shall be construed to .”
James Williams v. Smyrna Residential, LLC (Dissenting) (Tenn. 2024). “The majority opinion limits the analysis to a power of attorney that does not reference Tennessee Code Annotated section 34-6-109 and bats aside section 34-6-108(c)(9). But subsection 34-6-108(c)(9) signals that a health care power of attorney is needed for “any decisions…”
Tennessee Farmers Life Reassurance Co. v. Linda S. Rose (Tenn. Ct. App. 2006). “The enumeration of specific powers hereunder shall not in any way limit the general powers conferred here; * * * (5) Acquire, maintain, cancel or in any manner deal with any policy of life, accident, disability, hospitalization, medical or casualty insurance, and prosecute each…”
Crawford v. Allenbrooke Nursing & Rehab. Ctr., LLC d/b/a Allenbrooke Nursing & Rehab. Ctr. (W.D. Tenn. 2021). “” Tenn. Code Ann. § 34-6-108 (c)(9). This shows that a general power of attorney under the Uniform Durable Power of Attorney Act does not give an attorney-in-fact authority to make health care decisions.”
James Williams v. Smyrna Residential, LLC (2022). “” Tenn. Code Ann. § 34-6-108 (c)(9). This shows that a general power of attorney under the Uniform Durable Power of Attorney Act does not give an 1 For instance, the POA does “specifically authorize [Ms.”
Luke Buckley v. Kerry Buckley (Tenn. Ct. App. 2025). “§ 34-6-108 (2021). It did not restrict Joe Buckley’s authority to execute the quitclaim deed.”
In Re: Est. of Bernie Riggs (Tenn. Ct. App. 2000). “Wife argues that Daughter violated §34-6-108(C)(1) and (6), which limit, among other things, the attorney in fact from making gifts or grants or changing a right of survivorship.”
In Re: The Est. of Sally B. Coggins (Tenn. Ct. App. 1996). “The Appellee relies upon TCA § 34-6-108(c)(6), which provides: "(c) Nothing contained in this section and § 34-6-109 shall be construed to vest an attorney in fact with, or authorize 9 an attorney in fact to exercise, any of the following powers: .”
— Tenn. Code Ann. § 34-6-108(C)(1) — 1 case
In Re: Est. of Bernie Riggs (Tenn. Ct. App. 2000). “Wife argues that Daughter violated §34-6-108(C)(1) and (6), which limit, among other things, the attorney in fact from making gifts or grants or changing a right of survivorship.”
— Tenn. Code Ann. § 34-6-108(a) — 2 cases
Tennessee Farmers Life Reassurance Co. v. Rose, 239 S.W.3d 743 (Tenn. 2007). “We begin our analysis by examining two particular sections of the Act, sections 34-6-108 and 34-6-109. Section 34-6-108(a) provides: Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in §…”
Eva Weaver v. Priscilla Deverell (Tenn. Ct. App. 2011). “See Tenn. Code Ann. §34-6-108 (d) (“Nothing contained in this section and § 34-6-109 shall be construed to .”
— Tenn. Code Ann. § 34-6-108(b) — 2 cases
Tennessee Farmers Life Reassurance Co. v. Rose, 239 S.W.3d 743 (Tenn. 2007). “We begin our analysis by examining two particular sections of the Act, sections 34-6-108 and 34-6-109. Section 34-6-108(a) provides: Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in §…”
In Re: Est. of Bernie Riggs (Tenn. Ct. App. 2000). “Wife argues that Daughter violated §34-6-108(C)(1) and (6), which limit, among other things, the attorney in fact from making gifts or grants or changing a right of survivorship.”
— Tenn. Code Ann. § 34-6-108(c) — 3 cases
Tennessee Farmers Life Reassurance Co. v. Rose, 239 S.W.3d 743 (Tenn. 2007). “We begin our analysis by examining two particular sections of the Act, sections 34-6-108 and 34-6-109. Section 34-6-108(a) provides: Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in §…”
Par. v. Kemp, 179 S.W.3d 524 (Tenn. Ct. App. 2005). “1996) Tennessee law as found in T.C.A. 34-6-108(c) provides: (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…”
Eva Weaver v. Priscilla Deverell (Tenn. Ct. App. 2011). “See Tenn. Code Ann. §34-6-108 (d) (“Nothing contained in this section and § 34-6-109 shall be construed to .”
— Tenn. Code Ann. § 34-6-108(c)(1) — 1 case
Stewart v. Sewell, 215 S.W.3d 815 (Tenn. 2007). “Accordingly, [Sewell and Judkins] acted in direct contravention of the power of attorney and Tenn. Code Ann. § 34-6-108 (c)(l) and (6) by depositing the proceeds in a series of certificates of deposit with themselves identified as co-owners and with right of survivorship upon…”
— Tenn. Code Ann. § 34-6-108(c)(5) — 1 case
Tennessee Farmers Life Reassurance Co. v. Rose, 239 S.W.3d 743 (Tenn. 2007). “We begin our analysis by examining two particular sections of the Act, sections 34-6-108 and 34-6-109. Section 34-6-108(a) provides: Upon the principal clearly expressing an intention to do so within the instrument creating a power of attorney, the language contained in §…”
— Tenn. Code Ann. § 34-6-108(c)(6) — 1 case
In Re: The Est. of Sally B. Coggins (Tenn. Ct. App. 1996). “The Appellee relies upon TCA § 34-6-108(c)(6), which provides: "(c) Nothing contained in this section and § 34-6-109 shall be construed to vest an attorney in fact with, or authorize 9 an attorney in fact to exercise, any of the following powers: .”
— Tenn. Code Ann. § 34-6-108(c)(8) — 1 case
Crawford v. Allenbrooke Nursing & Rehab. Ctr., LLC d/b/a Allenbrooke Nursing & Rehab. Ctr. (W.D. Tenn. 2021). “” Tenn. Code Ann. § 34-6-108 (c)(9). This shows that a general power of attorney under the Uniform Durable Power of Attorney Act does not give an attorney-in-fact authority to make health care decisions.”
— Tenn. Code Ann. § 34-6-108(c)(9) — 1 case
James Williams v. Smyrna Residential, LLC (Dissenting) (Tenn. 2024). “The majority opinion limits the analysis to a power of attorney that does not reference Tennessee Code Annotated section 34-6-109 and bats aside section 34-6-108(c)(9). But subsection 34-6-108(c)(9) signals that a health care power of attorney is needed for “any decisions…”
— Tenn. Code Ann. § 34-6-108(c)(l) — 1 case
Stewart v. Sewell, 215 S.W.3d 815 (Tenn. 2007). “Accordingly, [Sewell and Judkins] acted in direct contravention of the power of attorney and Tenn. Code Ann. § 34-6-108 (c)(l) and (6) by depositing the proceeds in a series of certificates of deposit with themselves identified as co-owners and with right of survivorship upon…”
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