A Delaware durable power of attorney form is a document that grants someone (the “agent”) the legal authority to act and make decisions for another person (the “principal”) in the state. Unlike a regular non-durable power of attorney (POA), a durable power of attorney (DPOA) stays in effect even if the principal becomes incapacitated and legally can’t make their own decisions.
Laws
In Delaware, power of attorney forms can be made durable by including either the following or similar language:
“This power of attorney shall not be affected by the principal’s subsequent incapacity.” / “This power of attorney shall become effective upon the incapacity of the principal.”
- Statute: § 49A-101 (Durable Personal Powers of Attorney Act).
- Presumed Durable: No. Durability language is required.
- Signing Requirements: Signature, date, and one witness are required (§ 49A-105).
- Notarization: Must be dated and signed by a notarial officer.
- Statutory Form: Yes (§ 49A-301).