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. There are a variety of forms to choose from based on the specific needs of the principal.
Below we cover the different types of powers of attorney in order to help you find the form that best suit your needs.
Table of Contents
- Delaware Powers of Attorney
- How to Get Power of Attorney in Delaware
Delaware Durable Personal Power of Attorney
A durable power of attorney form 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. “Durable” in this instance means that the power of attorney stays in effect even when the principal becomes incapacitated.
A power of attorney in Delaware is non-durable by default. That is, if you don’t explicitly state in the POA document that it is durable, it will be legally considered a non-durable power of attorney.
Delaware Medical Power of Attorney
The principal can use a medical power of attorney document to give an agent legal permission to make medical or health care decisions on their behalf should the principal become incapacitated. It also allows the principal to clearly define their end-of-life preferences.
Delaware DMV Power of Attorney
Also known as Delaware vehicle power of attorney, a Delaware DMV power of attorney enables the principal to choose an agent who will assume the power of authority (act on the principal’s behalf) regarding any interaction with the Delaware Department of Motor Vehicles, dealerships, and mechanics.
How to Get Power of Attorney in Delaware
Delaware power of attorney forms are available for download from the Delaware Courts website. It is not necessary to use these specific forms, but it is recommended that the language is similar to what you find in the official form. All forms on this page comply with Delaware state laws, specifically, the Durable Personal Powers of Attorney Act.
You may use one or more of the following based on your personal needs:
- Durable power of attorney template for non-medical needs
- Medical power of attorney template for health care needs
- Delaware vehicle power of attorney template for your vehicular property needs
Delaware Power of Attorney Requirements
A Delaware power of attorney form must be in accordance with Delaware’s laws regarding the document. It is not required that it be turned into the court or any other legal entity, but for it to be recognized in a court of law it must adhere to the Durable Personal Powers of Attorney Act, which states:
- The agent chosen must be a legal adult (18 years of age or older).
- The power of attorney document must be signed by both the principal and the agent as well as at least two witnesses.
- Before the agent may make decisions regarding medical or health care, an attending physician will be required to judge whether the principal is incapable of making these decisions on their own.
- In the case of power regarding consent to medical treatments, the agent will have the power to grant, refuse or withdraw. This allows the agent the right to refuse a medical treatment even if it would extend the principal’s life.
- The principal must not combine funds with the agent.
- If the court decides the power of attorney is not being handled properly, the court has the right to revoke the agent’s powers.