The Delaware durable power of attorney is a legal document naming a trusted person (the agent) to manage your finances (the principal) if you cannot do this due to illness or injury. Unlike some powers of attorney, this one remains valid even in that situation. You choose the agent and can decide if their power begins right away or only when you are incapacitated (springing power).
The agent appointed under a durable power of attorney in Delaware can typically handle tasks such as managing bank accounts, paying bills, selling or purchasing real estate, filing tax returns, and making investment decisions on the principal’s behalf. However, the specific powers granted to the agent should be clearly outlined in the document.
It’s important to note that the durable power of attorney is strictly for financial matters. Check out all Delaware POA forms if you need a document that extends to healthcare decisions.
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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Delaware law. If you notice an error or outdated information, please contact us.
Delaware's signing requirements for a durable power of attorney appear in Title 12, Chapter 49A of the Delaware Code, the Durable Personal Power of Attorney Act. To be valid, the document must be in writing, dated, and signed by the principal. It must also be signed in the presence of a notary public and in the presence of one adult witness who meets the state's eligibility rules.[1.2]
Delaware law also disqualifies certain people from serving as the witness. The witness cannot be:
For the power of attorney to remain valid if you become incapacitated (durable), the document must include specific wording showing that intent. Delaware law sets out the exact language:
A power of attorney is durable if it contains the words: "this power of attorney shall not be affected by the subsequent incapacity of the principal," or "this power of attorney shall become effective upon the incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity.
The first phrase keeps the power of attorney in effect immediately and through any later incapacity. The second phrase, often called a springing power of attorney, delays the agent's authority until you become incapacitated. A Delaware power of attorney is effective as soon as you sign it. The exception is when the document itself states a later effective date or event, such as your incapacity.[1.4]
Under 12 Del. C. Section 49A-110, a durable power of attorney terminates on any of six events.[1.3]
Before an agent can act under a Delaware durable power of attorney, the agent must sign and attach a certification accepting the appointment. Until that certification is signed, the agent has no authority to act, no matter how the agent was named.[1.2]
Once accepted, the agent's authority stays valid no matter how much time has passed since you signed the document, unless the power of attorney itself says otherwise.[1.3] Delaware law also protects people who deal with the agent in good faith. If someone acts under the power of attorney without actual knowledge that it has ended, that action still binds you and your estate.[1.3]
You can revoke your Delaware durable power of attorney at any time. Signing another power of attorney does not automatically cancel an earlier one.[1.3]
The new document must specifically state that it revokes the prior power of attorney, or that it revokes all earlier powers of attorney, for the earlier one to end. The agent's authority itself also ends if the agent dies, becomes incapacitated, or resigns. It also ends if you and the agent are married and a court proceeding to dissolve or annul that marriage is filed, unless the document provides otherwise.[1.3]
This form is sometimes called a Delaware Financial Durable Power of Attorney or a DE DPOA. It covers financial and property matters only. For medical decisions, Delaware uses a separate health care power of attorney or advance directive.
| Document Name | Delaware Durable Power of Attorney Form |
| Other Names | Delaware Financial Durable Power of Attorney, DE DPOA |
| Relevant Laws | Delaware Code Title 12, Chapter 49A |
| Signing Requirements | Notary Public and One Witness |
| Avg. Time to Fill Out | 10 minutes |
| # of Fillable Fields | 37 |
| Available Formats | Adobe PDF |
Popular Local Durable POA Forms
Durable POA documents are used in each and every state. Take a look at other popular DPOA forms frequently filled out by Americans.
The Delaware durable power of attorney form has five pages you fill in. Follow the steps below in the order the form itself presents them, matching the page numbers to the copy you downloaded.
On page 1, fill in your name and address as the principal, then your agent's name and address in the opening paragraph.
On page 1, initial line (N) for general authority over your property and finances, or initial only the individual categories (A) through (M) you want to include. Cross out any category you leave out. The authority granted to your agent applies only to the categories you initial.
Page 2 already includes four Special Instructions paragraphs. Review them before you sign:
On page 3, initial one of three options to state whether the power of attorney is effective immediately, effective on a stated date, or effective only when you become incapacitated.
Naming a backup agent can benefit you if your first agent becomes unable or unwilling to serve. Fill in the alternate agent's name and address in the Successor Attorney-in-Fact paragraph on page 4.
This form does not include a signature line for a witness. Delaware law requires a durable power of attorney to be signed in front of one adult witness who meets the state's eligibility rules, in addition to the notary. Confirm with a Delaware attorney whether you need to add a witness signature before you rely on this document.
On page 4, fill in the day, month, and year, then sign and print your name.
Sign the Acknowledgment on page 5 before a notary public. The notary fills in the county, the date, and their own name and title.
This page is general information about Delaware durable powers of attorney, and it does not replace individualized legal advice. Laws change, and your situation may involve details this guide cannot cover. For advice on your situation, talk to a licensed Delaware attorney.
Every legal rule stated on this page is drawn directly from the Delaware Code sections listed below. They cover the Durable Personal Power of Attorney Act, from when the document becomes effective through how it can be revoked or terminated. Each numbered citation in the text links to the matching entry here, so you can read the exact statutory language for yourself.