Understanding the Difference Between a Durable Power of Attorney and a Regular Power of Attorney

December 16, 2023

Life is uncertain, and nobody knows what the future holds. In some instances, you might find yourself in a position where you can't make important decisions on your own, such as due to a medical condition or disability. In such a situation, a power of attorney comes in handy, and it is essential to understand its different types.


A power of attorney is a legal document that enables you to appoint someone to manage your affairs on your behalf. In Tennessee, two main types of power of attorney exist: durable power of attorney and regular power of attorney. In this blog, we will delve deeper into what these two types of documents entail.



What is a durable power of attorney?

A durable power of attorney is a legal document that enables you to appoint someone to act on your behalf in the event of your incapacity. The chosen person, also known as an agent, will have the authority to make financial, legal, and medical decisions on your behalf.


This type of power of attorney remains in effect even if you become mentally or physically incompetent, and it ends upon your death or revocation. In Tennessee, a durable power of attorney is viewed as more effective than a regular power of attorney when it comes to managing your affairs.


What is regular power of attorney?

A regular power of attorney is a legal document that authorizes someone, the agent, to act on your behalf for a specific period. It can be used in instances where you are away, making transactions while on vacation, or handling an investment-related matter. In Tennessee, once you become incapacitated, the regular power of attorney ceases to be valid.


How are they different?

The most significant difference between these two documents lies in their powers. A durable power of attorney, as its name suggests, is more robust and remains valid even after you become incapacitated. In contrast, a regular power of attorney can only be used when you are capable of handling your affairs. Once you become incapacitated, it becomes invalid in the state of Tennessee.


How can an attorney help?

When it comes to matters of power of attorney, it is essential to consult competent legal counsel. An attorney will not only help you draft and customize the power of attorney document according to your unique needs, but they also offer legal advice on how to protect your interests and minimize any legal risks.


An attorney can also help mediate any misunderstandings surrounding the power of attorney and ensure that all documents are legally binding and valid. This guidance can be invaluable when it comes to protecting yourself and your assets should anything unexpected arise.


In conclusion, a power of attorney is a critical legal document that enables you to appoint someone to act on your behalf. In Tennessee, two main types of power of attorney documents exist, the durable power of attorney, and the regular power of attorney. While they might seem similar, there are significant differences that one must understand before making decisions. Therefore, understanding the differences, seeking the help of an attorney, and drafting the power of attorney that best suits your needs is important to ensure you're protected and your assets secured should you become incapacitated in the future.


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Adoption is a beautiful way to grow your family and provide a loving home for a child. However, the legal process can be complex and overwhelming. At the Law Offices of Crystal Etue, PLLC, based in Tennessee, we are committed to guiding families through every step of the adoption process to ensure a smooth and successful journey.  Types of Adoption in Tennessee There are several types of adoption available in Tennessee, each with its own set of procedures and legal requirements. Understanding the differences can help you choose the best option for your family. Private Adoption: In a private adoption, prospective adoptive parents work directly with the birth parents or an adoption agency. This process often involves creating an agreement between the adoptive and birth parents regarding the child's future. Agency Adoption: Adoption agencies, both private and public, can assist families in adopting children who are either voluntarily placed for adoption or have been removed from their birth parents due to unsafe living conditions. Agency adoptions include both domestic and international adoptions. Stepparent Adoption: In stepparent adoption, a spouse adopts their partner’s child from a previous relationship. This process usually involves terminating the parental rights of the non-custodial biological parent, either voluntarily or through the courts. Relative (Kinship) Adoption: In some cases, relatives, such as grandparents, aunts, or uncles, adopt a child to provide a stable home when the biological parents are unable to care for the child. Kinship adoption is often an easier process since the child is already with family. Foster Care Adoption: Many children in Tennessee’s foster care system are waiting for permanent homes. Foster care adoption allows foster parents to adopt a child in their care if the biological parents’ rights have been terminated. International Adoption: International adoption involves adopting a child from another country. This process requires compliance with the laws of both the child’s home country and the U.S., making it more complex than domestic adoption. Steps in the Adoption Process Adoption in Tennessee follows a series of steps to ensure that the adoptive parents are ready to provide a safe and nurturing environment for the child. While the process may vary slightly depending on the type of adoption, the general steps are as follows: Pre-Adoption Preparation: Prospective adoptive parents must undergo background checks, home studies, and often take part in pre-adoption education. A home study involves a social worker visiting your home to ensure that it’s a safe and suitable environment for a child. This is a critical part of the adoption process, as it helps determine your readiness to adopt. Filing the Petition: After the home study and necessary evaluations, you will file an adoption petition with the Tennessee court. This legal document formally requests to adopt the child and outlines your desire to provide for their well-being. Termination of Parental Rights: In order to move forward with an adoption, the biological parents’ legal rights must be terminated. This can occur voluntarily, when the birth parents consent to the adoption, or involuntarily, in cases where the court determines that the biological parents are unfit. Waiting Period: In Tennessee, there is a mandatory waiting period before an adoption can be finalized. For newborn adoptions, the birth parents cannot give consent until the baby is at least three days old. After consent is given, there’s a revocation period of 10 days, during which the birth parents can change their mind. Finalizing the Adoption: Once the parental rights have been terminated and all legal requirements are met, the court will schedule a finalization hearing. At this hearing, a judge will review the adoption case and issue a final decree of adoption, making you the child’s legal parent. Post-Adoption Support: Some adoptions may involve post-adoption contact agreements, especially in open adoptions, where birth parents and adoptive parents agree to maintain communication after the adoption is finalized. Legal Considerations in Adoption Adoption is a legal process that involves several important considerations to ensure the adoption is valid and in the best interest of the child: Consent of Birth Parents: The consent of the birth parents is required for most adoptions unless their rights have been terminated by the court due to abandonment, neglect, or abuse. Interstate Adoption Laws: If you are adopting a child from another state, you must comply with the Interstate Compact on the Placement of Children (ICPC), which governs the legal process of transferring a child from one state to another for adoption. Open vs. Closed Adoption: Adoptive parents and birth parents can decide on an open adoption (where both parties maintain contact) or a closed adoption (where there is no ongoing contact or exchange of information). Both have legal and emotional implications, so it’s important to choose the option that works best for your family. Legal Representation: Throughout the adoption process, it’s crucial to have legal representation to ensure your rights are protected, and all legal requirements are met. At the Law Offices of Crystal Etue, PLLC, we handle all aspects of adoption, from filing paperwork to representing you in court. Why You Need an Experienced Adoption Attorney Navigating the adoption process can be complex and emotionally challenging. Having an experienced attorney by your side ensures that all legal steps are properly followed and that your adoption is finalized without unnecessary delays or complications. An attorney can help: Ensure Compliance: Adoption laws are detailed, and any mistakes in paperwork or procedures can lead to delays or even disrupt the adoption process. An experienced attorney will help you meet all legal requirements and ensure that your adoption is compliant with Tennessee law. Protect Your Rights: Adoption can sometimes involve contested cases, such as when a birth parent decides to challenge the adoption or refuses to consent. In these situations, having an attorney to protect your rights is essential. Handle Interstate and International Adoptions: If you are adopting a child from another state or country, there are additional legal requirements to fulfill. An experienced attorney can help you navigate the complexities of interstate and international adoption. Adoption is a life-changing experience that can bring immense joy to families, but it also requires careful legal guidance. At the Law Offices of Crystal Etue, PLLC, we are dedicated to helping families in Tennessee successfully navigate the adoption process, ensuring that every step is handled with care and precision. Whether you are adopting through an agency, as a stepparent, or from the foster care system, we are here to support you every step of the way. If you are considering adoption or have questions about the process, contact the Law Offices of Crystal Etue, PLLC today for a consultation. We are here to help you bring your family together through adoption.