Delaware Power of Attorney Forms

Delaware Power of Attorney Forms

A Delaware power of attorney gives a person (the agent) the ability to represent another person over their healthcare and/or financial matters. 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).

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Types (6)

Advance Health Care Directive

Combines the appointment of a health care agent with written instructions about the principal’s medical treatment preferences. The directive takes effect when the principal is no longer able to communicate decisions about their own care.

 

Durable

Grants an agent continuing authority to handle the principal’s financial and personal affairs. The agent’s powers remain in force if the principal subsequently becomes incapacitated, distinguishing it from the non-durable version.

 

General (Financial)

Confers financial authority on the agent, covering matters such as banking, property transactions, and business operations. The agent’s authority ends immediately if the principal becomes incapacitated or dies.

 

Limited (PDF)

Grants an agent permission to act only within the narrow scope defined by the principal. This arrangement is ideal for completing a specific legal or financial transaction on a one-time basis.

 

Minor Child

Authorizes a designated individual to assume temporary guardianship over a child. The appointed person can make decisions about the child’s education, health care, and general welfare while the parent is away.

 

Motor Vehicle (MV-386)

Form MV-386 allows an agent to represent the vehicle owner at the Division of Motor Vehicles for tasks including title transfers, registration, and vehicle sales.

 

Signing Requirements

Type Requirement
Durable Must be signed by the principal in the presence of 1 witness and acknowledged before a notary public.[1]
General (Financial) Requires the principal’s signature, 1 witness, and notarial acknowledgment.[1]
Limited The principal must sign before 1 witness and a notary public.[1]
Advance Health Care Directive Signed by the principal in the presence of 1 adult witness who is not the designated health care agent.[2]
Minor Child Must be signed by the parent or guardian before a clerk of the court or a notary public.
Motor Vehicle The vehicle owner must sign the form with notarial acknowledgment.