Updated August 08, 2023
A Delaware general power of attorney (GPOA) allows a person (principal) to give financial decision-making power to someone else (agent). The agent is recommended to be a trusted individual such as a spouse or close family member. If the principal becomes incapacitated, a GPOA will become automatically vetoed.
If the principal would like the agent to remain in their position under incapacitation, a durable power of attorney should be completed.
Laws
- Statutes – Chapter 49A. Durable Personal Powers of Attorney Act
- Authority (12 Del.C. § 49A-201) – An agent under a power of attorney may act on behalf of the principal and exercise broad authority as granted by the agreement.
- Signing Requirements (12 Del. C. § 49A-105) – One (1) Witness and Notary Public.
How to Write
Download: PDF, MS Word, OpenDocument
1 – Introductory Statement
First, notice the blank line under the Title. Enter the Name of the individual (Principal) who is delivering authority regarding his or her affairs to a second party (Agent).
The language required for the Principal to grant the Attorney-in-Fact authority through this document is provided in the introductory paragraph, however it requires the Identity and Location of the Parties involved. To start, the Principal’s Full Name must be entered on the first empty space.
The second empty space must present the Principal’s Street Address where the Principal lives and the third empty space will require the State where the Principal lives.
The next portion of this initial statement requires the Full Name of the Attorney-in-Fact (being granted Principal Power) entered on the empty line after the words “…hereby designate.
On the next empty space, preceding the words “street address,” enter the Attorney-in-Fact’s Residential Address. 
Finally, record the State where the Attorney-in-Fact resides on the space following the term “…State of.”
2 – The Attorney-in-Fact’s Assigned Powers
The next section will apply itself to the Powers that will be granted to the Attorney-in-Fact. A list of Principal Matters will be provided, each with a blank space provided. The Principal must read through this list then initial the blank space preceding that subject matter the Principal is granting the Attorney-in-fact
The Principal must initial the blank space in Item 1, if he or she wishes to grant the Attorney-in-Fact the Power to Make Payments on behalf of the Principal or Collect Money owed to the Principal.
Item 2 must be initialed by the Principal, if he or she intends to grant the Attorney-in-Fact the Power to Acquire, Lease and Sell Personal Property on his or her behalf.
The Principal must initial Item 3 in order to grant the Attorney-in-Fact the Power to Acquire, Lease and Sell Real Property on his or her behalf.
The Principal’s Management Powers may be granted to the Attorney-in-Fact when he or she initials the blanks space in Item 4.
The Principal’s Authority in his or her Banking affairs may be appointed to the Attorney-in-Fact when the Principal initials Item 5.
The Principal will grant the Attorney-in-Fact his or her Authority regarding Motor Vehicles by initialing Item 6.
Item 7 will need to be initialed by the Principal in order to grant the Attorney-in-Fact Tax Powers.
The Principal must initial Item 8 in order to grant the Attorney-in-Fact Authority regarding his or her Safe Deposit Boxes.
The Attorney-in-Fact will have Gift Making Powers using Principal Authority once the Principal initials Item 9.
The Principal Authority to Make Loans and Borrow Money on behalf of the Principal will be granted to the Attorney-in-Fact once the Principal initials Item 10.
Item 11 must have the Principal’s initials so the Attorney-in-Fact may wield Principal Authority in relation to Contracts.
The Principal will need to initial Item 12 to grant the Attorney-in-Fact Health Care Powers
If the Principal wishes to grant the Attorney-in-Fact the authority to act as a representative under the Health Insurance Portability and Accountability Act of 1996 then he or she must initial Item 13.
If the Attorney-in-Fact should wield Principal Power to Hire and Pay for Services on behalf of the Principal, then Item 14 must be initialed by the Principal.
Should the Principal wish to allow the Attorney-in-Fact Reimbursement for reasonable expenses then he or she must initial Item 15.
The Principal must initial Item 16 to grant the Attorney-in-Fact the Power to Sue Third Parties Who Fail to recognize the Principal Authority given to the Attorney-in-Fact.
If the Principal wishes to grant the Attorney-in-Fact any additional powers then he or she must initial Item 17, then use the blank lines provided to report such powers. This should be written detail of precisely what the Attorney-in-Fact may do in the name of the Principal.
3 – This Document’s Lifespan
In Section III, “Effective Date and Termination,” the Principal will need to define precisely when the Attorney-in-Fact’s Principal Power will begin and when it will end. The Principal will need to initial the appropriate selections.
If the Attorney-in-Fact’s Principal Power will begin immediately upon the Signing and Notarization of this document, the initial will need to initial the blank space preceding the words “Upon the date of this document…”
If there is a specific Date when the Attorney-in-Fact’s Principal Powers begin, the Principal will need to initial the second choice and enter the exact Date the Attorney-in-Fact’s Power will go into effect utilizing the blank spaces.
Next, locate the statement “To indicate when this document shall become terminated.” The Principal will need to initial one of the three selections provided to define when the Attorney-in-Fact’s Principal Power is no longer effective. The first selection will require a specific Date of Termination entered if chosen.
If the Attorney-in-Fact’s Principal Authority is to remain effective until the Principal revokes it, the second choice should be initialed.
If the Attorney-in-Fact’s Principal Powers remain effective until a physician determines the Principal may no longer make his or her own decisions, the Principal should initial the third choice.
4 – Principal Authority
The Principal is the only person who may grant such authority through this document’s execution and will need to provide a few items to satisfy its requirements. First, the Date of Signature must be entered as a Calendar Day, Month, and Year using the three blank spaces in the statement “In Witness Whereof…”
Below the words “Principal’s Signature,” the Principal will need to sign his or her name then print it on the space below.
5 – Attorney-in-Fact Acceptance
The Attorney-in-Fact will need to present his or her willingness to accept such powers by entering his or her name on the first blank space in the “Acceptance of Appointment” section.
After the Attorney-in-Fact statement, the Attorney-in-Fact must Sign and Print his or her name in the spaces provided.
6 – Witness Signature
On the following “Witness” section, adequate space shall be provided for one (1) Witness to sign, provide their address, and print their name.
7 – Principal Signature Notarization
The “Acknowledgment of Notary Public” section has been provided solely for the notarization of the Principal signing and may not be satisfied by any party other than the Notary Public.