The Delaware Power of Attorney appoints a representative the right to carry out certain functions in the name of another. It serves multiple purposes in terms of the type of authority that can be granted, and the powers that can be assigned span from medical decisions to financial tasks depending on the type of POA executed. Most POA documents insist that the principal (person delegating the powers) sign the instrument while under the supervision of a witness and/or notary public for certification reasons.
Laws
Statutes – Title 12, Chapter 49A: Durable Personal Powers of Attorney Act (§ 49A-101 – § 49A-301) and Title 16, Chapter 25: Health-Care Decisions (§ 2501 – § 2519)
Definition – “Power of Attorney” 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 (§ 49A-102(10)).
Signing Requirements – Power of attorney documents that cover financial areas (property, taxes, benefits) require a notary public and one (1) subscribing witness to oversee and corroborate the endorsement of the contract (§ 49A-105(a)). POAs granting permissions regarding medical decisions are obligated to arrange for the presence of two (2) approved witnessing individuals at the time of signing to affix their signatures for proper certification purposes (§ 2503(b)).
By Type (9)
- Advance Directive
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive – This hybrid document integrates the “health care power of attorney” with the “living will” so that the principal/declarant can cover all their bases regarding medical treatment.
Download: PDF
Signing Requirements: Acknowledgment of two (2) witnesses (§ 2503(d)).
Durable (Financial) Power of Attorney – Delaware’s statutory form is used to convey financial powers to a third (3rd) party. (Maintains validity beyond the point of the principal’s incapacity.)
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of one (1) witness and a notary public (§ 49A-105).
General (Financial) Power of Attorney – A written instrument offering the conveyance of broad sweeping powers relative to one’s financial matters. (Ends upon the point of the principal’s incapacity.)
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of one (1) witness and a notary public.
Limited (Special) Power of Attorney – A practical form that provides users with an opportunity to specify a more exact authority as opposed to an all-encompassing power.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of one (1) witness and a notary public.
Minor Child Power of Attorney – Delaware’s version of this document, the “Petition for Standby Guardianship of a Minor”, is geared to convey parental powers upon the time of a mother’s/father’s/guardian’s inability to care for a child.
Download: PDF, Word (.docx)
Signing Requirements: The petitioner(s) must sign in the presence of a notary public or clerk of court.
Motor Vehicle Power of Attorney – Supplies an attorney-in-fact with the capability of handling vehicle-related transactions in the name of the grantor.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public.
Real Estate Power of Attorney – Designed to grant powers specific to the exchange, refinancing, or management of a designated premises.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of one (1) witness and a notary public.
Revocation of Power of Attorney – Granting parties may reverse the powers delivered in a POA by subsequently implementing this document.
Download: PDF, Word (.docx)
Signing Requirements: Recommended to sign in the presence of a notary public.
Tax Power of Attorney – Delegates duties/powers to a third (3rd) party representative so that they may operate on behalf of a taxpayer.
Download: PDF
Signing Requirements: Must be signed by the taxpayer and their representative(s).