Tennessee Power of Attorney for a Child: How Revocation Works

A parent signed a Power of Attorney placing their child in your care. Now they want it back — or you are the parent and you want to end the delegation. Tennessee law makes revocation straightforward, but the process has steps that protect everyone involved.

How a Parent Revokes a POA

Under T.C.A. § 34-6-305, either parent with legal custody can revoke the Power of Attorney for Care of a Minor Child at any time by signing a written revocation. The revocation must:

1. Identify the original POA — the date it was executed, the caregiver's name, and the child's name.
2. State that all delegated powers are immediately revoked.
3. Be delivered in writing to the caregiver.
4. Be delivered to every school, medical provider, dental office, and other institution that received a copy of the original POA.

A verbal revocation is not enough. The parent must put it in writing and ensure that every entity relying on the POA knows it has been revoked. If the school still has the old POA on file and the revocation was never delivered, the school is still acting in good faith when it follows the caregiver's instructions.

What Happens When a POA Is Revoked

The caregiver's authority ends when the written revocation is delivered. After that, the caregiver cannot enroll the child in school, consent to medical treatment, sign permission slips, or make decisions on the child's behalf.

Under T.C.A. § 34-6-307, any decision made by a parent with legal custody supersedes a contravening decision made by the caregiver, provided the parent's decision does not jeopardize the child's life, health, or safety. Revocation is the formal expression of this parental override.

Can a Caregiver Challenge a Revocation?

No — not through the POA itself. A Power of Attorney is a delegation of parental authority. If the parent wants to take that authority back, the POA framework has no mechanism for the caregiver to object.

If the caregiver believes returning the child to the parent would endanger the child, the caregiver's recourse is through the courts: filing a petition for temporary custody in Juvenile Court under T.C.A. Title 37, or a petition for guardianship in Chancery or Probate Court. Free legal aid through Help4TN (1-844-435-7472) can guide this process.

A POA does not grant legal custody or override a parent's legal rights. If you believe returning the child may be unsafe, seek prompt legal advice or a court order; contact DCS about immediate safety concerns.

Partial Revocation

Tennessee law does not address partial revocation in the statute. In practice, a parent could execute a new POA with a narrower scope — for example, delegating only school enrollment authority while retaining medical decision-making. But this requires a new document, not an amendment to the old one.

When Revocation Is Not Delivered Properly

Third parties (schools, clinics, hospitals) that relied on the original POA in good faith before receiving written notice of revocation are protected under T.C.A. § 34-6-308. If a school enrolled a child based on a valid POA and the parent later revokes it, the school did nothing wrong and faces no liability for the enrollment period.

This protection matters because revocation is only effective upon delivery. Until the school or provider receives the written revocation, the POA is still legally operative.

For Caregivers: What to Do When You Receive a Revocation

Acknowledge the revocation in writing. Notify the child's school and medical providers that the POA has been revoked and that you are no longer the authorized caregiver. Cooperate with the transition of the child's care back to the parent.

If you are concerned about the child's safety, contact DCS (1-877-237-0004) or file a Juvenile Court petition through legal aid.

The Tennessee School and Medical Consent Guide covers both the POA execution process and revocation procedures, including template language for revocation notices and transition checklists.

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