Delaware Limited Power of Attorney Form

A Delaware limited power of attorney (POA) is a document that legally allows an individual (the “agent”) to represent another person (the “principal”). The agent’s power is limited to the duties in the POA. The tasks are typically one-time actions that are very specific. Purchasing or selling a motor vehicle, signing legal forms, or managing real estate are all examples of when a limited POA can be used. Unlike a durable POA, it expires if the principal becomes mentally disabled or dies.

Signing requirements (§ 49A-105): The document must be notarized and signed by one (1) witness.

How Does Limited Power of Attorney Work?

A limited POA allows an assigned person to act on the behalf of the principal for a specific amount of time. The agent must be thorough and carry out the requested duties to the best of their ability. According to Delaware law (§ 49A-110), the document no longer holds legal power if:

  • The principal or agent dies or becomes incapacitated;
  • All tasks are completed;
  • The form expires;
  • The principal fills out a POA revocation form; and/or
  • Both parties divorce (if they were married when the POA was signed).

While a limited POA could be used for signing health-related documents, it typically does not give an agent the power to make wellness decisions for the principal. In that case, a medical POA would be required.

When delegating power, the person creating the document should choose someone that they know and trust. An agent should always keep the principal’s best interest in mind when acting on their behalf.