Delaware Limited Power of Attorney Form


A Delaware limited power of attorney 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 power of attorney. 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 power of attorney can be used. Unlike a durable form, it expires if the principal becomes mentally disabled or dies.

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.

A limited power of attorney 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 nulls the agreement, or both parties divorce.

While this form 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 power of attorney would be required.

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