Free Delaware Power of Attorney Forms
A Delaware power of attorney (POA) is a legal document that allows a person to make decisions on behalf of another. The person authorized to make decisions is called the agent, while the individual who empowers the agent is called the principal.
Delaware Power of Attorney By Type
If you need someone to make important transactions and/or decisions on your behalf in the state of Delaware, you can have a power of attorney drawn up and enforced.
Based on your needs, it’s possible to get a POA that corresponds to the type of authority you want to bestow on your agent. Two of the most popular POAs in Delaware are the durable power of attorney and the medical or healthcare power of attorney.
- Durable Power of Attorney - If you want your agent to represent you even after you become mentally incompetent, a durable POA is what you need. The word “durable” in the term means that the authority given to your agent will continue to be valid and honored should you face incapacity. With this document, agents can make personal, business, legal, and financial decisions for you.
- Medical/Healthcare Power of Attorney - The durable POA empowers your agent to represent you in several matters, with the exception of healthcare decisions. If you want your agent to make medical-related choices for you, you’ll need a medical or healthcare power of attorney. These decisions may involve medications, medical procedures, and treatments, as well as diet and nutrition, as well as life-and-death choices. A healthcare POA is always durable.
How To Get a Power of Attorney in Delaware
You can get a POA in Delaware through law firms in the state. However, you can also download a printable template and modify it to suit your needs. By sourcing your POA through these channels, you can ensure that your document is aligned with Delaware’s accepted terms and format.
Delaware Power of Attorney Laws
- The Delaware Code Title 12, Chapter 49A: Durable Personal Powers of Attorney Act - The law describes how a durable POA can be drawn up in Delaware. One of the most important provisions is the statement that must appear in the document to make it durable: “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or “This power of attorney shall become effective upon the incapacity of the principal.”
- The Delaware Code Title 16, Chapter 25: Healthcare Decisions - The law defines important terms that guide the creation of a healthcare POA. It also specifies provisions that make the document legally binding.