Free Delaware Durable Power of Attorney Forms

Delaware Durable Power of Attorney Laws

The Delaware Code Title 12, Chapter 49A: Durable Personal Powers of Attorney Act - The law defines important terms in a POA and discusses the guidelines, including situations where the authority is not applicable.

To be considered durable, the document must contain the following statements: “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.” Similar words showing the intent of the principal despite incapacity can be used (§49A-104: Power of Attorney Is Durable).

Signing Requirements in Delaware

A Delaware POA must be in writing. It should also be signed and dated by the principal. The signing must be done in the presence of a notary public and one witness. According to the law, the adult witness must not be “related to the principal by blood, marriage, or adoption, or entitled to a portion of the estate of the principal under the principal’s then existing will or codicil or amendment thereto or trust instrument” (The Delaware Code § 49A-105).

How To Write a Durable POA in Delaware

The durable POA serves as an agent’s written permission to make decisions on behalf of the principal. However, the document doesn’t extend to healthcare decisions. Here’s how to create a binding, durable POA in Delaware:

1. Identify your agent

It is imperative that you pick an agent that you trust with your business, finances, assets, and other legal matters. Given the gravity of the role, only a trustworthy and reliable agent should have the power to transact on your behalf.

In most cases, principals choose a family member to become their agent. It could be a spouse, sibling, or child. The principal can also select someone who understands legal and financial matters. This could mean electing a business partner or lawyer as your agent. The choice is yours, so think carefully before making a decision.

2. Discuss the agent’s responsibilities

Once you have decided on an agent, schedule a meeting with them so you can properly discuss their responsibilities. Though your agent will have the power to make decisions on your behalf, their choices should still be based on your wishes.

3. Download the Delaware Power of Attorney Template

A POA form is available in every Delaware law firm. However, you can create your own POA without spending hundreds of dollars on legal services by downloading a printable template with the acceptable Delaware format.

For the durable POA to be valid, it should have either of the following statements:

• “This power of attorney shall not be affected by the subsequent incapacity of the principal.”
• “This power of attorney shall become effective upon the incapacity of the principal.”

You can also select your own wording as long as the general idea remains the same.

4. Sign the Delaware Durable Power of Attorney Form

Sign the durable POA and write down the date that it was signed. The signing must be done in front of a notary public and one adult witness. In the event that you cannot sign it for medical reasons, you can appoint someone else to sign on your behalf as long as there is express consent.

5. Use the document

The Delaware Durable POA acts as the agent’s written authority to make decisions on your behalf. Every time they make financial and legal decisions, the agent must show the document as proof of your permission. The power or authority continues to be in effect even when the principal becomes mentally incompetent.

The main reason for the durable POA is to ensure it is business as usual for all of the principal’s financial and legal affairs.