If you need a power of attorney in Franklin, TN, Crow Estate Planning and Probate helps individuals and families throughout Williamson County create legally sound documents that protect their finances, healthcare decisions, and loved ones.
A power of attorney is one of the most important legal documents in any estate plan, and one of the most frequently overlooked. Many people assume that a spouse or adult child can automatically step in to handle financial and medical matters if something goes wrong. Under Tennessee law, that is not how it works. In practice, families often discover this only after a medical emergency, when no one has legal authority to act and critical decisions are delayed.
Without a properly drafted and executed power of attorney, your family may find themselves unable to access bank accounts, pay bills, or make healthcare decisions on your behalf. At that point, the only path forward may be a costly, time-consuming court proceeding to establish a conservatorship through the Williamson County Chancery Court.
Our Franklin attorneys, Thomas Steelman, Alexandra Hulme, and John Crow, work with clients throughout Williamson County to make sure the right people have the legal authority to act when it matters most.
A power of attorney (POA) is a legal document that authorizes one person to act on behalf of another person. The individual acting is called the “agent” or “attorney-in-fact” and the person that gives the agent the power is called the “principal.” Depending on how the document is drafted, the agent may have authority over financial matters, healthcare decisions, or both.
The most important type for estate planning purposes is the durable power of attorney. A standard power of attorney becomes invalid if the principal becomes incapacitated, which is precisely when it is most needed. A durable power of attorney remains valid even if the principal loses mental capacity, making it an essential tool for anyone who wants to ensure their affairs can be managed without court intervention.
The principal must be mentally competent at the time of signing. Once incapacity occurs, it is too late to execute a valid power of attorney. This is why creating these documents while you are healthy, and before a crisis arrives, is one of the most important steps in the estate planning process.
Tennessee recognizes several types of power of attorney documents, each serving a different purpose. The chart below highlights how each document works and when it becomes effective, which is where most confusion occurs.
| Type | Covers Finances | Covers Healthcare | Survives Incapacity | Takes Effect |
| Durable Financial POA | Yes | No | Yes | Immediately |
| Healthcare POA (Standalone) | No | Yes | Yes | Upon incapacity |
| Living Will (Standalone) | No | Yes | Yes | Upon incapacity |
| Advance Directive for Health Care | No | Yes | Yes | Upon incapacity |
| Limited POA | Specific only | No | No | Immediately |
| Springing Financial POA | Yes | No | Yes | Upon trigger event |
Each type is explained in more detail below. For most estate planning clients, a durable financial power of attorney and a healthcare power of attorney paired with a living will form the foundation of a complete incapacity plan.
A durable general power of attorney (also called a financial power of attorney) authorizes your designated agent to manage your financial and legal affairs if you become unable to do so yourself. Because it is durable, it remains valid even after incapacity, which is what makes it so valuable as an estate planning tool.
The scope of authority granted depends on how the document is written. A well-drafted durable financial POA typically gives the agent broad powers to handle the full range of financial matters the principal may need managed, though it can also be tailored to grant only specific powers for specific circumstances.
A healthcare power of attorney (also called a medical power of attorney) empowers the agent you choose to make medical decisions on your behalf if you are unable to do so yourself. This can include decisions about medical treatments, surgical procedures, hospitalization, rehabilitation, and end of life care.
Without a healthcare power of attorney, healthcare providers may be unable to share information with family members, and no one will have clear legal authority to make medical decisions on your behalf. A healthcare POA eliminates that uncertainty and ensures the person you trust most is the one making those calls.
A living will is a separate but closely related document. While a healthcare power of attorney designates who makes decisions for you, a living will records what decisions you want made, particularly regarding end of life care, life-sustaining treatment, and artificial nutrition and hydration.
Together, a healthcare power of attorney and a living will form a comprehensive set of advance directives that give both your agent and your healthcare providers clear guidance about your wishes. Having both documents in place reduces the burden on family members and prevents disputes at the most difficult moments.
Tennessee provides for an Advance Directive for Health Care, a document that can combine both the appointment of a healthcare agent and instructions about medical treatment into a single form. It essentially blends what many people think of as a healthcare power of attorney and a living will.
In practice, however, the advance directive is optional. Many clients in Tennessee still use separate documents, including a healthcare power of attorney and a living will. In some cases, clients choose to have all three.
An advance directive allows you to appoint a healthcare agent to make medical decisions if you cannot, while also documenting your wishes regarding treatment, including detailed end-of-life care and life-sustaining measures. Our firm generally recommends you speak with a medical doctor to ensure that you make informed decisions on these very specific medical issues.
Whether you use a single advance directive or a combination of documents, the goal is the same: to ensure that the right person can act and that your wishes are clearly known and followed.
A limited power of attorney, sometimes called a special power of attorney, grants the agent authority to act only in specific circumstances or for a specific purpose. Common examples include authorizing someone to sign real estate documents on your behalf at a closing you cannot attend, or handling a specific financial transaction while you are traveling. A limited power of attorney is not a substitute for a durable POA and does not cover ongoing financial or healthcare management.
A springing power of attorney takes effect when triggered by a specific event. For most springing POAs, the trigger is incapacity as certified by at least one physician. While the concept sounds appealing, springing POAs can create real practical problems. Financial institutions and other third parties may require proof of the triggering event before honoring the document, which can delay access to funds or accounts at the worst possible time. For most estate planning clients, a durable POA that is effective immediately upon signing is the more reliable choice.
The scope of authority under a financial power of attorney depends on how the document is drafted, but a comprehensive durable financial POA typically authorizes the agent to:
The agent is legally required to act in the principal’s best interest at all times and to honor the principal’s wishes. A well-drafted power of attorney includes specific language about the scope of agent authority to reduce the risk of disputes or misuse.
A healthcare power of attorney gives your agent legal authority to make healthcare decisions when you cannot make them yourself. That authority typically includes:
Your healthcare agent does not have unlimited authority. The agent is bound to act in accordance with your known wishes and your best interest. A well-drafted healthcare POA, paired with a living will that documents your specific wishes, gives your agent the clearest possible direction and the strongest possible legal standing.
Your agent will have significant authority over your finances and your medical care. Choosing the right person matters as much as having the document at all.
Your primary agent should be someone you trust completely, who is organized and responsible, who understands your values and wishes, and who is capable of making difficult decisions under pressure. Many clients name a spouse or adult child as primary agent, with one or more successor agents named to step in if the primary agent is unable or unwilling to serve.
It is possible to name co-agents who must act jointly, but this can create practical problems when quick decisions are needed. Most estate planning attorneys recommend naming one primary agent with a clear line of succession rather than requiring multiple people to agree on every action.
You should also consider whether the person you would choose for financial decisions is the right person for healthcare decisions. These do not have to be the same individual, and in some families it makes sense to designate different agents for each role.
Tennessee has specific legal requirements for a power of attorney to be valid and enforceable. Under Tennessee law, a valid POA must be:
Validating a power of attorney after the fact is not possible. If the document was improperly executed, or if the principal lacked capacity at the time of signing, the document may be unenforceable. In those circumstances, family members may have no choice but to seek court intervention through a conservatorship proceeding.
Not all power of attorney documents are equal. A form downloaded from the internet or filled out without legal guidance may be technically valid but practically limited. Financial institutions and healthcare providers have become increasingly cautious about accepting POA documents, and a document that is vague, outdated, or missing key provisions may be rejected or challenged.
A well-drafted power of attorney anticipates the real-world situations your agent is likely to encounter. It uses language that financial institutions and healthcare providers will recognize and accept. It clearly defines the scope of agent authority to retain control over what the principal wants controlled, while granting the broad powers necessary to actually get things done.
It also protects the agent. An agent acting under a clear, comprehensive document is in a much stronger position to carry out their duties without dispute or second-guessing from other family members.
Our attorneys usually draft power of attorney documents as part of a comprehensive estate planning process to work alongside a will or revocable living trust, living wills, and beneficiary designations to create a complete, coordinated plan.
Crow Estate Planning and Probate helps clients throughout Franklin, Brentwood, Spring Hill, and Williamson County create power of attorney documents that are legally sound, practically effective, and tailored to their specific circumstances. Our attorneys handle:
Thomas Steelman, Alexandra Hulme, and John Crow, take the time to understand each client’s situation, explain the options clearly, and make sure every document is built to hold up when it matters most.
A standard power of attorney becomes ineffective if the principal becomes incapacitated. A durable power of attorney remains valid through incapacity, which is what makes it useful for estate planning. For most clients, a durable POA is the appropriate choice.
No. The principal must be mentally competent at the time of signing. If you have already lost capacity, it is too late to execute a valid power of attorney. This is one of the most important reasons to create these documents while you are healthy.
No. An agent under a power of attorney is legally required to act in the principal’s best interest and within the scope of authority granted by the document. An agent who misuses their authority can be held legally liable.
Yes. A power of attorney can be drafted to grant broad powers or to limit the agent to specific tasks or circumstances. Your attorney can help you decide what scope of authority is appropriate based on your situation.
Without a power of attorney, no one has automatic legal authority to manage your finances or make medical decisions on your behalf. Family members who need to act on your behalf would likely need to petition the Williamson County Chancery Court for a conservatorship, which is a formal court process that takes time and money and may not result in the person you would have chosen being appointed.
Most people benefit from having both. A financial POA covers your financial affairs, and a healthcare POA covers medical decisions. They serve different purposes and work together as part of a complete incapacity plan.
Yes. As long as you are mentally competent, you can revoke a power of attorney at any time. Revocation should be done in writing and the agent and any institutions that received the original document should be notified. Additionally, it is a good idea to file the revocation with the Register of Deeds in the county in which you reside.
No. A healthcare power of attorney designates who makes medical decisions for you. A living will documents what decisions you want made, particularly regarding end of life care and life-sustaining treatment. Both documents together form a comprehensive set of advance directives.
A power of attorney is not a document you create when a crisis happens. It is a document you create so that a crisis does not become a catastrophe. The families who are most protected are the ones who had these documents in place before they were ever needed.
Crow Estate Planning and Probate serves clients throughout Franklin, Brentwood, Spring Hill, Nolensville, Thompson’s Station, and the surrounding communities across Middle Tennessee. Our estate planning attorneys help individuals and families build comprehensive plans that cover incapacity, end of life, and beyond.
Call us at (615) 996-1400 or reach out online to schedule your free consultation. We are available in person at our Franklin office, by phone, or by video call.
Contact Us Call Our Franklin Office
Please fill out the form and someone will be in contact with you as soon as possible.
Where do I begin? I truly can’t say enough nice things about Crow Estate Planning & Probate and Alexandra Hulme, without her and everyone around her, I can truly say I don’t know where I would be today. Like many after losing my mother, I was lost, in a dark place and things weren’t happening how my mother had planned in her trust and will. Before waiting too long, I retained Alexandra’s services and she took me through the process step-by-step. Something that I never thought I could afford or I’d have to do. She knew I wasn’t asking her to do anything more than complete my mother’s last wishes. She did just that. They did it because they’re passionate about what they do. Communication was A+. She never left me hanging. I know family means a lot to her/them. I am indebted to her and these people forever. If you need help, call her today. I promise you won’t be disappointed. Thank you Alexandra from the bottom of my heart.
I was referred to John by a fellow real estate investor when I needed guidance on structuring a couple of LLCs. From the start, he made the process incredibly smooth and straightforward. John was consistently responsive, thorough in his explanations, and showed a genuine commitment to getting everything completed on time—even working late to accommodate my schedule while I was operating from Hawaii, several time zones away. His mix of professionalism, attention to detail, and approachable demeanor made the entire experience seamless. I’m grateful to have him as a resource and wouldn’t hesitate to recommend him to anyone looking for a reliable and knowledgeable attorney.
Bridget and Thomas were very professional and knowledgeable in responding to my needs. Also, they were very organized and easy to work with.
This firm has done several things for me and real estate clients. Most recently setting up a TIST (Tennessee Investment Services Trust). And redoing my Will, Medical Power of Attorney, and Healthcare Directive. Appreciated their understanding of all of the intricacies of each document. Their timely communication and prompt service.
I cannot recommend Thomas Steelman highly enough! From the very start, he made the entire process of setting up our estate trust absolutely painless. His expertise and clear explanations turned what I expected to be a daunting task into a smooth and stress-free experience.
Not only did he handle every aspect of our estate trust with great attention to detail, but he (and law firm colleagues) also took care of transferring over our home deeds so we didn’t have to deal with the hassle of going to the county office ourselves. That alone saved us so much time and stress!
I honestly thought the process was going to cost a small fortune, but I was pleasantly surprised by how reasonable the pricing was. Most importantly, though, Thomas gave us peace of mind knowing that our hard-earned assets are protected and will go exactly where we want them—without placing unnecessary burdens on our loved ones.
If you’re looking for a knowledgeable and professional estate trust attorney, Thomas and team are the ones to trust. ⭐⭐⭐⭐⭐
John and his team are professional and do quality work.
John and his team did an amazing job helping my family get our affairs in order. Could not recommend them more!
hey are so prompt to respond and attentive!
Alexandra Hulme was extremely helpful, professional, and punctual! I highly recommend using this firm.
Highly recommend for all of your probate needs. Compassionate and professional.
Thomas Steelman 
John Crow 
Alexandra Hulme 
Deborah Moore 
