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
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.
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)).
Durable (Statutory) Power of Attorney
Stays in effect even when the principal becomes incapacitated.
Signing Requirements: Notary public and one witness.
Vehicle Power of Attorney (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.
Tax Power of Attorney (Form 2848)
Designates an agent to handle tax-related matters.
Signing Requirements: Principal and attorney-in-fact.
Minor (Child) Power of Attorney
Enables parents to temporarily transfer responsibilities to an agent.
Signing Requirements: Notary public and one witness.
Real Estate Power of Attorney
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.
