Delaware Power of Attorney Forms
The Delaware Power of Attorney Forms represent a range of legal documents with a central purpose. That is, to transfer the power of decision making from one party, referred to as the Principal, to another party that is personally chosen by the Principal, referred to as the Agent. The powers set forth may extend to any range of circumstances, so long as they are made known within the relevant form/s. For instance, one form may specify medical matters, whereas another may specify tax matters.
Advance Health Directive (Medical POA) – In order for an individual to legally designate another party to make decisions about their medical care, a valid Medical Power of Attorney (POA) Form is mandatory.
Download – Adobe PDF
Durable (Financial) Power of Attorney Form – In order to prevent a power of attorney form tied to the finances of a principal from being terminated upon their incapacity, it is advisable to use a durable type of POA.
Durable Springing Power of Attorney Form – The reason this form is titled a “springing” POA is that it “springs” into effect if the principal becomes incapacitated. That is, the form will not be considered operational until such a circumstance ensues.
Guardianship of Minor Child Power of Attorney (Form 126) – Filing this legally-binding document is a useful means for busy parents to help ensure their children are taken care of, even when they are occupied with other matters.
Limited (Special) Power of Attorney Form – If someone only decides to grant another party limited decision-making powers for a special circumstance, this objective is best fulfilled with this legal document.
Motor Vehicle Power of Attorney (Form MV386) – A form directed at the State of Delaware Department of Transportation, Delaware Division of Motor Vehicles, that communicates an individual’s desire to designate another party to handle particular matters in connection to their motor vehicle.
Download – Adobe PDF
Real Estate (Property) Power of Attorney Form – This form provides the principal with a number of options relating to the ways in which they can release their power of decision making about real property to another party, namely its purchase, sale, management, and refinancing.
Revocation of Power of Attorney Form – The process of revoking power of attorney responsibilities must be executed via the drafting and signing of this legal form.
State Tax Power of Attorney (Form 2848) – Taxpayers have the opportunity to declare another party to represent them, as well as access their confidential tax information, for the purpose of filing their taxes.
Download – Adobe PDF
What is a Delaware Power of Attorney?
A Delaware Power of Attorney is a contract that makes it known that one party has the legal permission to act in another’s place for the matters detailed therein. There are certain state laws dictated by the state of Delaware which both parties must abide by in order for the form to be legally-binding. As such, both parties should familiarize themselves with any relevant state laws to avoid misunderstandings.
- 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):
- Signed by the Principal or an authorized individual signing for the Principal,
- The POA is in writing and contains the date,
- Witnessed by a Notary Public,
- Signed while in the presence of a non-family adult, that is not entitled to any portion of the estate, and
- Has an attached notice (not required, but this places more burden on the Agent when required to prove validity).