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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In Delaware, the signing requirements and laws governing power of attorney are outlined in the Delaware Code, specifically under Title 16, Chapter 49A, known as the Durable Personal Power of Attorney Act.
Section 49A-105 of the Delaware Code outlines the requirements for a valid durable power of attorney. It states that the document must be in writing, signed by the principal or someone authorized to sign on behalf of the principal and acknowledged before a notary public and one adult witness. Specifically, the witness cannot be:
This requirement helps ensure the witness is truly impartial and has no potential conflict of interest or financial stake in the principal’s affairs that could call into question the document’s validity. For a power of attorney to be durable, the document must contain specific language indicating that the power granted shall not be affected by the principal’s subsequent incapacity. Section 49A-109 outlines that a power of attorney becomes effective upon execution unless the principal specifies a later effective date in the document.
According to Section 49A-110 of the Delaware Code, a durable power of attorney terminates under various circumstances, including the principal’s death, revocation by the principal, occurrence of a specified terminating event, accomplishment of the power’s purpose, revocation of the agent’s authority, or court order.
| Document Name | Delaware Durable Power of Attorney Form |
| Other Names | Delaware Financial Durable Power of Attorney, DE DPOA |
| Relevant Laws | Delaware Financial Durable Power of Attorney, DE DPOA |
| 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 allows you to give another person the authority to manage your financial affairs and make decisions on your behalf. Before completing the form, it’s important to carefully read and understand the instructions and implications of granting such powers.
Under the “Designation of agent” section, fill in the name, address, and telephone number of the person you wish to appoint as your primary Agent. If you want to designate additional or successor Agents in case your primary Agent is unable or unwilling to act, provide their information under the “Designation of additional or successor agents (optional)” section.
Indicate whether you want your Agents to act successively (one after the other), concurrently (independently), or jointly (not independently) by initialing the appropriate choice under the “If I have named more than one Agent above, I intend for those Agents to” section.
Sign one of the two choices under the “Effective date” section to specify whether you want a power of attorney to be effective immediately or only upon your incapacity, as determined by the criteria outlined in 12 Del. C. § 49A-109(c).
Review the categories of powers described in the Durable Personal Power of Attorney Act (Delaware Code, Title 12, Chapter 49A) and initial the categories you want to include in your Agent’s general authority. Cross out any categories you do not want to include.
If you wish to grant your agent specific powers that could significantly impact your property or its distribution, review the listed powers and initialize the ones you want to include. Cross out any powers you do not want to include.
Sign and date the form in the presence of a witness who meets the specified criteria (not related to you by blood, marriage, or adoption, and not entitled to any portion of your estate). Have the witness sign and print their name. Then, take the form to a notary public and acknowledge your signature before them.
After completing the form, provide a copy to your designated Agent(s) and have them read, sign, and date the “Agent’s certification” section to acknowledge their duties and responsibilities.
