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Delaware Power of Attorney Forms are a method by which an individual can confer legal authority to an agent who will be expected take over certain tasks and/or functions that the individual would typically perform for himself or herself. That is, this “agent” can stand in the place of the person appointing him or her. The person creating the power of attorney is called the principal. Some examples of the functions an agent may be assigned to perform include real estate transactions, financial transactions or governmental transactions. It is worth considering that the agent has control over these important matters relating to the financial well being of the principal thus, it is important the principal selects someone he or she deems responsible and trustworthy. This appointment should be filled out in accordance with the Durable Personal Powers of Attorney Act (Title 12, Chapter 49).

Types (9)

Durable (Statutory) Power of Attorney – This type of power of attorney continues in effect, even after a person can no longer make decisions for themselves.

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Signing Requirements (§ 49A-105): Signed in the presence of a Notary Public and one (1) adult Witness

General Power of Attorney – This form can be used in the event the principal is going to be away for a period of time but expects to return. It does not continue in effect in the event the principal becomes incapacitated.

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Signing Requirements (§ 49A-105): Signed in the presence of a Notary Public and one (1) adult Witness

Guardian of Minor Power of Attorney – This form allows parents to designate someone they trust to be in charge of their children for a limited period of time.

Download: MS Word (.doc)

Limited Power of Attorney – A principal can use this form to appoint an agent to stand in for him or her for a specific transaction or limited circumstance.

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Signing Requirements (§ 49A-105): Signed in the presence of a Notary Public and one (1) adult Witness

Medical Power of Attorney (Advance Health Care Directive) – This advanced directive allows a person to choose a friend or relative who can represent him or her in healthcare decisions in the event the person can no longer communicate.

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Signing Requirements (§ 2503(b)(1)): Signed in the presence of two (2) witnesses

Power of Attorney Revocation – This form revokes a previously entered into POA. A third party must know of the revocation in order to be liable on any reliance on the POA.

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Real Estate Power of Attorney – To elect someone else to handle real property to your benefit for a sale, purchase, and/or the everyday maintenance.