Start a Delaware Power of Attorney (POA) form now to appoint a trusted individual to manage your estate, act for you professionally, or make medical decisions on your behalf.
Last Update May 25th, 2022
- Types of Power of Attorney in Delaware
- How to Get a Power of Attorney in Delaware
- Delaware Power of Attorney Requirements
- Delaware Power of Attorney Sample
- FAQs About Delaware Power of Attorney Forms
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Types of Power of Attorney in Delaware
There are many types of POA that can be used in Delaware to appoint an Agent to make decisions and to manage essential financial and/or medical responsibilities for a principal.
The most common variants available in DE include the following examples:
Durable Power of Attorney: Allows your Agent to handle estate management when you reach advanced age or if you become incapacitated through injury or disability.
General Power of Attorney: Gives your Agent a wide mix of responsibilities over your general financial affairs. This authority expires, however, if you become incapacitated.
Limited Power of Attorney: Lets an Agent have authority over a few specific, often one-off, tasks for a short period of time.
Medical Power of Attorney: Permits your representative to make urgent medical decisions for you if you are unconscious or incapacitated.
Real Estate Power of Attorney: Grants an Agent authority to buy and sell property in your name, or handle other real estate management tasks.
Vehicle (DMV) Power of Attorney: Gives your Agent permission to represent you at the local DMV in Delaware or handle the buying and selling of vehicles you own.
Springing Power of Attorney: This is a type of POA that is activated only when certain situations arise. This might, for example, be when you become incapacitated or if an urgent issue arises where someone needs to act for you when you’re out of the country.
Minor (Child) Power of Attorney: Allows you to delegate your parental rights over a child to a chosen Agent. This might be necessary if you serve in the military overseas or work abroad for long periods at a time.
Tax Power of Attorney: Gives your Agent the authority to represent you at the DE tax office, allowing them to complete, sign and submit government financial forms on your behalf.
How to Get a Power of Attorney in Delaware
There are a few ways to get a Power of Attorney in Delaware.This gives you 2/3 specific options to choose from:
Get it online: You can get a complete DE Power of Attorney document using our online legal form maker. This will walk you step-by-step through the information you’ll need to add and help you make a legally compliant document.
Go to a lawyer: You can hire a lawyer to draw up a Power of Attorney form for you in Delaware.However, this is often a more costly process and will often take longer to complete.
Get it from a government office: Pre-printed forms for Tax/Vehicle POAs can be obtained from Delaware government offices such as the Division of Motor Vehicles (DMV).
Delaware Power of Attorney Requirements
There are a few important things you need to know before signing a Delaware POA. Firstly you must make sure all the parties involved are legally fit to sign contracts.
To be considered competent to sign a contract, parties must:
Be over 18 years of age
Show they are mentally competent
Demonstrably understand the powers being granted
If you choose a financial institution as an Agent, they must have trust powers and a registered office in Delaware.
Also, there are set rules in place in Delaware which police how a completed Power of Attorney must be signed and put into action. DE law dictates in this case that:
The Principal and Agent must both sign the document.
For General and Durable POAs It is essential that the signing of the document is viewed and signed by 1 witnesses and a notary public.
A notary public must also be present at the signing to notarize the document.
For more specific information on DE Power of Attorney signing requirements, check the general provisions of Delaware.
Delaware Power of Attorney Sample
Looking over a completed Delaware POA sample is a good place to start when you’re planning to create your own document. Use our template example below to understand the information that goes into this form and to learn more about what your document can do.
FAQs About Delaware Power of Attorney Forms
It is important to have a good understanding of what Delaware Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.
How to Sign as a Power of Attorney?
Once a Delaware Power of Attorney is signed and notarized, it can be used by the Agent to carry out duties for the Principal. In order to prove they have the authority to act for the Principal, the Attorney-in-Fact must bring the signed copy of the agreement to the place where they will sign a document on the appointing individual’s behalf.
The Agent must then sign their name on the signature line for the signee and must print their own name next to the name of the Principle on the form. They must also indicate that they are signing on behalf of the Principle as their Power of Attorney.
Who Should Be Your Delaware POA Agent?
When choosing the right Agent for your Delaware POA, it is essential to pick a person (or people) that you trust implicitly.
By granting Power of Attorney to someone you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.
Who Can Override a Delaware Power of Attorney?
There are a few ways to override a Power of Attorney. First of all, you can simply revoke it, as the Principal retains the right to remove the powers at any time.
If on the other hand, you wish to revoke the DE Power of Attorney of an already incapacitated family member, you will have to write to the Agent to ask them to formally step down as POA. If they refuse, you may then need to take the matter to court and appoint guardianship to render the powers of the Agent inactive.