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Delaware Durable (Statutory) Power of Attorney Form

A Delaware durable statutory power of attorney form allows a person to choose another person to legally handle their financial affairs. A durable power of attorney continues in effect even if the principal (person assigning powers) is declared incompetent and unable to handle his or her own financial affairs.
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Updated June 17, 2024

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Signing Requirements

Must be signed in the presence of a notary public and one witness that is not related by blood, marriage, or adoption or entitled to any portion of the principal’s estate through a Last Will and Testament, codicil, or trust. (§ 49A-105)

Laws

Definition of “Durable”

“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity (§ 49A-102(2))

Definition of “Power of Attorney”

“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(2))

Statutory Form

Delaware has a statutory form located at § 49A-301 of the Delaware Code.