Delaware Power of Attorney Forms

The Delaware Power of Attorney Forms allow a person to appoint another individual to act on their behalf for a short or indefinite period of time. The party assigning the powers is known as the “Principal”, whereas the individual carrying out the granted powers is known as the “Agent” or “Attorney-in-Fact”. Depending on the form selected, the Principal can assign a specific power (such as the filing of their taxes) to all-encompassing powers over their life (all medical decisions).

Types

Advance Health Directive (Medical POA) – Used solely for assigning an Agent power to make health care decisions when the Principal no longer can themselves.

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Durable (Financial) Power of Attorney Form – Grants overarching powers regarding financial matters to a trusted individual. Does not terminate on the Principal’s incapacitation.

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Durable Springing Power of Attorney Form – Similar to a standard durable POA, with the exception that it is “springing” which refers to the fact that it only goes into effect upon the Principal’s incapacitation.

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Guardianship of Minor Child Power of Attorney (Form 126) – A legally-binding document that is used to assign temporary parental powers over one (1) or more children.

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Limited (Special) Power of Attorney Form – Used for assigning highly specific powers to an Agent. Terminates in the event the Principal cannot make decisions on their own.

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Motor Vehicle Power of Attorney (Form MV386) – The official Delaware Division of Motor Vehicles form for assigning another party to handle matters relating to a motor vehicle (registration, selling/buying, and more).

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Real Estate (Property) Power of Attorney Form – Provides the principal with a means of empowering an individual with decision-making powers in relation to real estate. Can be used for the refinancing, management, sale, and/or purchase of property.

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Revocation of Power of Attorney Form – Used by the Principal for officially terminating an active POA. Once completed, the form has to be delivered to the Agent.

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State Tax Power of Attorney (Form 2848) – Gives access to a person’s confidential tax information for the purpose of filing their taxes.

Download – Adobe PDF (.pdf)

 


What is a Delaware Power of Attorney?

Delaware Power of Attorney is a contract that gives a person legal permission to act in another person’s place for matters relating to real estate, finances, medical issues, and more.

  • Delaware Power of Attorney Laws: Chapter 49A, “Durable Personal Powers of Attorney Act”
  • State Definition of Power of Attorney (§ 49A-102(10)): “means a grant of authority to an agent to act in the place of the principal, whether or not the term power of attorney is used, authorizing the agent to convey rights in property of the principal to the agent or any other person.”
  • Signing Requirements (§ 49A-105): Must be signed and dated by the Principal, acknowledged by a Notary Public, and witnessed by one (1) adult witness.

When is it Effective?

A Power of Attorney is effective upon the completion of the following (per § 49A-105):

  1. Signed by the Principal (or an authorized individual signing for the Principal),
  2. The POA is in writing and contains the date,
  3. Witnessed by a Notary Public,
  4. Signed while in the presence of a non-family adult, that is not entitled to any portion of the estate, and
  5. Has an attached notice (not required, but this places more burden on the Agent when required to prove validity).

Sample