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Home Personal & Family Documents Power of Attorney Delaware

Free Delaware Power of Attorney Forms

Use our free Power of Attorney form to let someone make legal and financial decisions for you in Delaware.

Updated January 9, 2023 | Legally reviewed by Brooke Davis

A 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.

Below we cover the different types of powers of attorney to help you find the form that best suits your needs in Delaware (DE).

Table of Contents
  • Delaware (DE) Power of Attorney Documents
  • How to Get Power of Attorney in Delaware

Delaware (DE) Power of Attorney Documents

Delaware General/Financial Power of Attorney

A general/financial 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.

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delaware medical power of attorney form

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.

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Delaware durable power of attorney form

Delaware Durable Power of Attorney 

"Durable" 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.

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Delaware limited (special) power of attorney form

Delaware Limited (Special) Power of Attorney

A limited power of attorney allows the principal to be more specific than a general POA regarding what the agent can do on his or her behalf.

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Delaware springing power of attorney form

Delaware Springing Power of Attorney 

A springing power of attorney is a POA that “springs” into action at a future time and only when a specific event occurs, such as the incapacitation of the principal.

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Delaware DMV Power of Attorney

Also known as Delaware vehicle power of attorney, a state of Delaware official 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.

Download: Adobe PDF

How to Get Power of Attorney in Delaware

Delaware power of attorney forms is available 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.

Delaware Power of Attorney Requirements

A Delaware power of attorney form must be in accordance to 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 Delaware 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 makes decisions regarding medical or health care, an attending physician will be required to judge whether the principal is incapable of making these decisions independently.
  • 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 to refuse medical treatment even if it would extend the principal’s life.
  • The principal must not combine funds with the agent.
  • If the court decides a power of attorney is not being handled properly, the court has the right to revoke the agent’s powers.

Free Delaware Power of Attorney Form

Create Your Delaware Power of Attorney in Minutes!

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Free Delaware Power of Attorney Forms

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