Delaware Power of Attorney Forms

A Delaware power of attorney form helps a person delegate and assign representation over their healthcare and/or finances. So long the document is signed by the person executing it, notarized, and has the signature of 1 witness, it will be viewed as usable in the state. The forms range considerably in the amount of power they transfer and can be used for giving a tax preparer permission to file a person’s taxes, to assigning responsibility for a person’s medical treatment (when they are medically incapable of communicating their wishes).

Types (9)

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

Download – Adobe PDF (.pdf)

 


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

Download – Adobe PDF (.pdf)Word (.docx)

 


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.

Download – Adobe PDF (.pdf)Word (.docx)Rich Text (.rtf)

 


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.

Download – Adobe PDF (.pdf)Word (.docx)

 


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.

Download – Adobe PDF (.pdf)Word (.docx)

 


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.

Download – Adobe PDF (.pdf)Word (.docx)

 


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.

Download – Adobe PDF (.pdf)Word (.docx)

 


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)

 


Laws & Signing Requirements

  • 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.