A Delaware power of attorney is a legal document that allows a person (the “principal”) to voluntarily authorize another person (an “agent”) of their choosing to take action on the principal’s behalf.
Laws
Statute: Durable Personal Powers of Attorney Act (Title 12, Chapter 49A).
By Type
Durable (Financial)
Stays in effect even when the principal becomes incapacitated.
Signing Requirements: Notary public and one witness.
Medical
Gives an agent legal permission to make medical or health care decisions should the principal become incapacitated.
Signing Requirements: Two witnesses. If you are physically unable to sign, you can direct another person to sign for you (§ 2503(b)(1)).
Limited (Special)
Allows the principal to be more specific regarding what the agent can do on his or her behalf.
Signing Requirements: Notary public and one witness.
Non-Durable (General)
Ensures that the designated agent has the authority to act on behalf of the principal in financial decisions regarding any and all property (including real estate).
Signing Requirements: Notary public and one witness.
Motor Vehicle (Form MV386)
Enables the principal to choose an agent who will act on their principal’s behalf regarding any interaction with the Delaware Department of Motor Vehicles, dealerships, and mechanics.
Signing Requirements: Notary public.
Real Estate
Grants an agent the authority to act on behalf of another person in managing their real estate affairs.
Signing Requirements: Notary public and one witness.
Tax (Form 2848)
Designates an agent to handle tax-related matters.
Signing Requirements: Principal and attorney-in-fact.
Minor (Child)
Enables parents to temporarily transfer responsibilities to an agent.
Signing Requirements: Notary public and one witness.
Revocation
Terminates the authority granted to an agent.
Signing Requirements: Notary public and one witness.
