A Delaware limited power of attorney is a written document in which the principal (the person giving authority) names an agent, also called an attorney-in-fact, to act on specific matters only. Unlike a general power of attorney, it covers only the tasks or time period the principal lists, such as one financial transaction or one property. Fill out the free Delaware limited power of attorney form below online, or download the Adobe PDF version.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Delaware law. If you notice an error or outdated information, please contact us.
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Delaware Limited Power of Attorney Requirements
Section 49a-105 of the 12 Del. C. sets five formalities for a personal power of attorney: writing, a signature, a date, a notarial officer and one adult witness. The statute's term covers a durable power of attorney signed in Delaware or made subject to Delaware law, other than the kinds the chapter excludes. A personal power of attorney must meet all five.[1.1]
In writing.
Signed by the principal, or by another person who signs the principal's name in the principal's presence and at the principal's express direction.
Dated.
Signed in the presence of a notarial officer. This is the notarization.
Signed in the presence of one adult witness who is not related to the principal by blood, marriage or adoption, and who is not entitled to any portion of the principal's estate under the principal's then existing will, codicil, amendment or trust instrument.[1.1]
Whatever way a person accepts appointment as an agent, the agent has no authority to act under the document until the agent has first signed and attached a certification. It must be in substantially the form the statute gives.[1.1]
A limited power of attorney names only the tasks or the period you list. If your agent needs broader powers, such as managing your estate or financial affairs, compare other Delaware power of attorney forms.
Filling Out the Delaware Limited Power of Attorney Form
The free FormsPal template is an Adobe PDF with three form pages and 32 fillable fields. Work through the eight parts below in the order they appear on the form, and initial only the options you choose.
The screenshots under each step show the FormsPal Delaware limited power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
Name yourself and your agent. On page 1, write your name and address in the first sentence, then the name and address of the individual you trust as your agent.Step 1: sample entries, not a real document.
List the limited purposes. Use the five lines on page 1 to describe the specific matters your agent may handle. Be exact, because the document is limited to the purposes you list here. The Special Instructions notice below the lines is fixed text.Step 2: sample entries, not a real document.
Choose the effective date. On page 1, initial the effective-date line you want: immediately, or on a date you write in, with the year.Step 3: sample entries, not a real document.
Choose the termination date. Initial the one option you want. The first option at the bottom of page 1 ends the power of attorney when you sign a written revocation.Step 4: sample entries, not a real document.
Finish the termination options and add a successor agent. On page 2, the other options end the power of attorney on a date you write in, or when you are determined to be incapacitated. Then write your agent's name, an alternate agent's name and the alternate's address in the successor paragraph. The paragraph about third parties below it is fixed text.Step 5: sample entries, not a real document.
Sign and date. On page 2, write the day, month and year on the "Signed this" line, then sign and print your name.Step 6: sample entries, not a real document.
Fill in the acknowledgment. On page 3, the acknowledgment has lines for the county, the date, the officer's name and title, and your name. The notary completes this part.Step 7: sample entries, not a real document.
Add the notary signature and seal. The notary signs on the signature line on page 3 and adds the seal.Step 8: sample entries, not a real document.
How to Sign and Use the Delaware Limited Power of Attorney
Finish the form first, but do not sign it yet. The statute requires the principal to sign in front of a notarial officer and one adult witness, so wait until you are with both.[1.1] After signing, give your agent a copy and keep the original somewhere safe.
Finish the form. Fill it out online with the Create My Document button above, or download the free Adobe PDF version of the Delaware limited power of attorney form and complete it in the FormsPal PDF editor or by hand. Check every name, address and date.
Bring a notary and a witness. The witness must be an adult who meets the requirements above.[1.1]
Sign and date the form. Sign in front of the notary and the witness, then date it.[1.1]
Have the agent sign the certification. The agent signs and attaches the certification described above before acting.[1.1]
Share copies. Give your agent a copy. Many people also give a copy to the bank or any other party the agent will deal with.
End or replace it later. The section below explains how a Delaware limited power of attorney ends. If it ends, tell your agent and anyone who relies on it.
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When a Delaware Limited Power of Attorney Ends
Under Section 49A-110(a) of the 12 Del. C., a personal power of attorney terminates when the principal dies, when a terminating event set out in the document occurs, or when the purpose of the document is accomplished.[1.3] It also terminates when the principal revokes it.[1.2]
The agent's authority ends on its own terms when:
the principal revokes the authority,
the agent dies, becomes incapacitated or resigns,
an action is filed for the dissolution or annulment of the agent's marriage to the principal, unless the power of attorney provides otherwise, or
The statute directly answers four common questions about a Delaware limited power of attorney: notarization, replacing an earlier document, acts done without knowing it ended, and the effect of time.
Does a Delaware power of attorney need to be notarized?
Yes. A personal power of attorney in Delaware must be signed in the presence of a notarial officer.[1.1]
Does signing a new power of attorney cancel an earlier one in Delaware?
Not automatically. Signing a new personal power of attorney does not revoke an earlier one. It does so only if the new document provides that the previous one is revoked, or that all other personal powers of attorney are revoked.[1.2]
Is an act still valid if the agent did not know the power of attorney had ended?
Yes, in many cases. Two rules apply:
Termination of the agent's authority or of the power of attorney is not effective as to an agent or another person who, without actual knowledge of the termination, acts in good faith under it.
Unless the act is otherwise invalid or unenforceable, it binds the principal and the principal's successors in interest.[1.2]
Does the passing of time end a Delaware power of attorney?
Not by itself. Unless the document provides otherwise, the agent's authority stays exercisable until it terminates, even after a long time has passed since the document was signed.[1.2]
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
