A Delaware power of attorney revocation is a legal instrument that terminates the authority granted to an agent under a previously executed power of attorney (POA). This document provides the principal with the means to revoke an agent’s powers, effectively ending their ability to act on behalf of the principal in legal, medical, or financial matters.
Specify which POA you’re revoking and notify anyone who relied on it. Third parties acting in good faith won’t be liable for following the original POA if unaware of its revocation.
Legal Considerations
Statute – Title 12, Chapter 49A: Durable Personal Powers of Attorney Act (§ 49A-101 – § 49A-301).
Definitions – § 49A-110.
Signing Requirements – § 49A-105 – Notary public and one witness.
Revocation and Termination
A POA terminates under several conditions:
- Principal’s death.
- Principal’s revocation at any time, with or without reason.
- Completion of specific tasks (such as selling a property).
- Agent death, incapacity, or resignation, and no successor agent is named.
- Court order.
- Agent’s authority revocation, even if the POA itself remains in effect.
- Unless the POA specifies otherwise, an agent who is the principal’s spouse loses their authority upon divorce.
A new POA doesn’t automatically revoke a previous one unless it explicitly states so.
Fees
- Recording: If the original POA was recorded with the local Delaware County Recorder’s Office, the revocation document should also be recorded there. Recording fees vary by county but generally fall between $20 to $50.
- Notary: Fees typically range from $5 to $10 per signature, ensuring the document’s validity and authenticity.
Resources
- Delaware State Bar Association – Additional information and resources regarding power of attorney.
- Delaware Department of State – Access to relevant statutes and forms concerning power of attorney.
Related Forms
