Updated July 28, 2022
A Delaware power of attorney allows individuals to create a designation that transfers specific powers and authority from one person to another. The person transferring their authority (“principal”) will likely want to choose an agent that is a trusted individual such as their spouse or a family member to act as the agent. Once the form is signed, there is no government office required to record the power of attorney and the agent may begin signing and acting on behalf of the principal.
By Type (9)
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 if they can no longer communicate (medical power of attorney) and choose end-of-life treatment preferences (living will).
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 2503(b)(1)): Two (2) witnesses.
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.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 49A-105): One (1) witness and a notary public.
General (Financial) 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. Non-durable.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 49A-105): One (1) witness and a notary public.
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.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 49A-105): One (1) witness and a notary public.
Minor (Child) 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: Adobe PDF, MS Word (.doc)
Signing Requirements: Clerk of the court of a notary public.
Real Estate Power of Attorney – To elect someone else to handle real property to your benefit for a sale, purchase, or day-to-day maintenance.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 49A-105): One (1) witness and a notary public.
Revocation of Power of Attorney – This form revokes a previously executed POA. A third party must know of the revocation in order to be liable on any reliance on the POA.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements: No laws but is recommended to be signed in the presence of a notary public.
Tax Power of Attorney (Form 2848) – A person can appoint someone to represent them with the state tax authorities.
Download: Adobe PDF
Signing Requirements: Principal and the representative.
Vehicle Power of Attorney (MV-386) – A principal can assign an agent to represent them with the Division of Motor Vehicles.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements: Notary public.