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Home Personal & Family Power of Attorney Delaware

Delaware Power of Attorney Forms

Updated August 29, 2023 | Legally reviewed by Brooke Davis

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 & Requirements

Statute: Title 12, Chapter 49A. Durable Personal Powers of Attorney Act.

Signing Requirements: The power of attorney form must be signed in the presence of one witness and a notary public (§ 49A-105).

Delaware Power of Attorney – By Type

Delaware Power of Attorney Form

General (Financial) Power of Attorney

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.

PDF Word
Delaware Medical Power of Attorney Form

Medical Power of Attorney

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)).

PDF Word
Delaware Durable Power of Attorney Form

Durable (Statutory) Power of Attorney

Stays in effect even when the principal becomes incapacitated.

Signing Requirements: Notary public and one witness.

PDF Word
Delaware limited (special) power of attorney form

Limited (Special) Power of Attorney

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.

PDF Word
Delaware springing power of attorney form

Springing Power of Attorney

"Springs" into action at a future time and only when a specific event occurs, such as the incapacitation of the principal.

Signing Requirements: Notary public and one witness.

PDF Word
Delaware Motor Vehicle-Power of Attorney Form

Motor Vehicle Power of Attorney (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.

PDF

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Delaware Power of Attorney Form

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