Free Delaware Power of Attorney (POA) Form

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.

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Last Update May 24th, 2024

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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:

  1. 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.
  2. 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.
  3. 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:

  1. The Principal and Agent must both sign the document.
  2. For General and Durable POAs, it is essential that the signing of the document is viewed and signed by at least one witness.
  3. 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.

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Delaware POA Form

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.

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Delaware POA Form

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Preview of your Delaware Power of Attorney

STATUTORY FORM POWER OF ATTORNEY
PERSONAL POWER OF ATTORNEY FORM NOTICE
NOTICE

As the person signing this durable power of attorney, you are the Principal.

The purpose of this power of attorney is to give the person you designate (your "Agent") broad powers to handle your property, which may include powers to sell, dispose of, or encumber any real or personal property without advance notice to you or approval by you. This power of attorney does not authorize your Agent to make health-care decisions for you.

Unless you specify otherwise, your Agent's authority will continue even if you become incapacitated, or until you die or revoke the power of attorney, or until your Agent resigns or is unable to act for you. You should select someone you trust to serve as your Agent.

This power of attorney does not impose a duty on your Agent to exercise granted powers, but when powers are exercised, your Agent must use due care to act for your benefit and in accordance with this power of attorney. Your Agent must keep your funds and other property separate from your Agent's funds and other property. A court can take away the powers of your Agent if it finds your Agent is not acting properly. The powers and duties of an Agent under a durable power of attorney are explained more fully in Delaware Code, Title 12, Chapter 49A, Section 49A-114, and Sections 49A-201 through 49A-217.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

I have read or had explained to me this notice and I understand its contents.


________________________________________________________________


Principal ________________________________  Date ________________
DURABLE PERSONAL POWER OF ATTORNEY FORM
INSTRUCTIONS

As the person completing this form, you are the Principal. This form gives another person the power to act on your behalf. The other person is your Agent.

This form allows you to designate: (1) one Agent at a time and up to two Agents in succession; (2) two or more Agents who may act independently of each other (Concurrent Agents); or (3) two or more Agents who must act together (Joint Agents).

If your Agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor Agent(s).

IF YOU HAVE QUESTIONS ABOUT THIS POWER OF ATTORNEY OR THE AUTHORITY YOU ARE GRANTING TO YOUR AGENT(S), YOU SHOULD SEEK LEGAL ADVICE BEFORE COMPLETING AND SIGNING THIS FORM.

The following form may, but need not, be used to create a durable personal power of attorney. The other sections of this chapter govern the effect of this or any other writing used to create a durable personal power of attorney. A durable personal power of attorney that varies from the following form shall not be deemed to be invalid based solely upon such variance.
DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
GRANT OF GENERAL AUTHORITY
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
I grant my Agent and any successor agent general authority to act for me with respect to the following powers described in more detail as defined in the Durable Personal Power of Attorney Act, Delaware Code, Title 12, Chapter 49A.

You should READ the terms of each category of power or authority before granting any of them to your agent. A full explanation of each power or authority is in the Delaware Code. The Delaware Code is available online. Search: Delaware Code, Title 12, Chapter 49A, and then go to the number next to the category. Example: Real Property, Section (§) 49A-204. The Delaware Code may also be available at your local library.

INITIAL each category you want to include in the Agent's general authority.

If you do not initial a category listed below, powers associated with that category will NOT be included as part of your Agent's general authority.

________ - Real property § 49A-204

________ - Tangible personal property § 49A-205

________ - Stocks and bonds § 49A-206

________ - Commodities and options § 49A-207

________ - Banks and other financial institutions § 49A-208

________ - Operation of entity or business § 49A-209

________ - Insurance and annuities § 49A-210

________ - Estates, Trusts, and Other Beneficial Interests § 49A-211

________ - Claims and Litigation § 49A-212

________ - Personal and Family Maintenance § 49A-213

________ - Benefits from governmental programs or civil or military service § 49A-214

________ - Retirement plans § 49A-215

________ - Taxes § 49A-216
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SPECIAL INSTRUCTIONS
My Agent is entitled to reasonable compensation for services rendered as my Agent.
My Agent will be entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
EFFECTIVE DATE
___________________________ (Sign here if this is your choice) - This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.
SIGNATURES

Dated ____________________, _____, at _________, Delaware.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date

WITNESS ATTESTATION
IN WITNESS WHEREOF, I have hereunto set my Hand and Seal this ________ day of ________________, 20________ .


___________________________________(SEAL)

I, the witness, swear that I am not related to the Principal by blood, marriage, or adoption; and that I am not entitled to any portion of the estate of the Principal under the Principal’s current will or codicil, or under any current trust instrument of the Principal.

___________________________________
_________
_________, _________
NOTARY ACKNOWLEDGMENT

State of Delaware
_________ County



This document was acknowledged before me on _______________.
 (date)



by ___________________________________
     _________


___________________________________
(Seal, if any)



Signature of Notary: __________________________________

My commission expires: _______________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Not act for your own benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person who has authority to make health-care decisions for the principal; and

(6) Not act in a manner inconsistent with the Principal's testamentary plan.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) An action is filed with a court for your separation, annulment, or divorce from the Principal, unless the Principal otherwise provided in the power of attorney that such action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Durable Personal Power of Attorney Act, Delaware Code, Title 12, Chapter 49A. If you violate the Durable Personal Power of Attorney Act, Delaware Code, Title 12, Chapter 49A, or act outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
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