Q: My friend is incarcerated. She sent me her form that a notary signed. What is the next step for me to become her POA?

A: To become your friend's Power of Attorney (POA), you'll need to follow these steps in Tennessee:

Review the Document: Examine the form your friend sent you to ensure it complies with Tennessee's requirements for a valid POA. Make sure it includes all necessary information and is properly notarized.

Recording: In Tennessee, some POAs may need to be recorded in the local Register of Deeds office, depending on the type of powers granted. Check with your local county office to determine if recording is necessary.

POA Acceptance: Ensure that you are willing to take on the responsibilities of being a POA for your friend. It's a significant responsibility, so be sure you are prepared for the role.

Communication: Speak with your friend to confirm their intent and discuss the scope of the POA. Make sure you both are on the same page about the powers granted and when they take effect.

Notarization: If needed, have your signature notarized on the POA document to confirm your acceptance as the designated agent.

Retain Original: Keep the original, properly executed POA document in a safe place. Make copies for your records and any necessary parties who may need to rely on the POA.

Present as Needed: When required to exercise the powers granted in the POA, present the document to the appropriate parties, such as financial institutions or healthcare providers.

A: I do not recommend the attorney in fact signing the POA also in front of a notary. People you present the POA to might get confused. If you are going to convey real property, it should be recorded. You are now a fiduciary for the principal, so any conveyance of the principal's assets to you is presumptively fraudulent, so always act in the principal's best interest.