A Delaware non-durable (general) power of attorney (GPOA) is a legal document that empowers an individual, referred to as the “principal,” to delegate authority to another person, known as the “agent,” to manage the financial affairs, including handling bank accounts, investments, bill payments, and other monetary responsibilities.
To ensure ongoing representation, opt for a durable power of attorney, allowing the agent to act on behalf of the principal even if they become unable to make decisions due to illness or incapacity.
Laws — Title 12 Chapter 49 (Durable Powers of Attorney) and Chapter 49A (Durable Personal Powers of Attorney Act).
Durable (12 Del. C. § 49A-104) – A power of attorney in Delaware is not considered durable by default. Specific language is required within the document to confirm if it remains effective in the event of the principal’s incapacity.
Signing Requirements (12 Del. C. § 49A-105) – The principal must sign in the presence of one witness and a notary public.
