Updated January 16, 2023
A Delaware limited power of attorney confers specific, limited powers to an agent so that he or she may act on behalf of the principal. A principal is a person who is asking someone to perform a set of specific tasks (as per this document) in his or her name. It is important that the principal choose a responsible and reliable agent to represent him or her in the manner defined here. The agent or attorney-in-fact will act in the principal’s stead and his or her actions will be binding on the principal.
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 limited (special) authority as expressly granted by the agreement.
Signing Requirements (12 Del. C. § 49A-105) – One (1) Witness and Notary Public.
How to Write
1 – Access The Required Form Template
Gather any reference material that may be needed for this issuance. When you are ready, you may open or download the file directly from this page through the buttons (below the preview image) at your discretion.
2 – Declare The Principal Identity
The individual granting power must be identified on the first blank space of this form. Locate the space labeled “Full Name” after the words “…that I,” then enter the Full Name of the Principal.
Next, locate the blank space labeled “Social Security Number.” Record the Principal’s Social Security Number on this line.
3 – Document The Appointment Of Authority
The blank space following the words “…specific power of attorney to” must have the Full Name of the individual being granted Special Power of Attorney by the Principal. This entity is the Attorney-in-Fact or Agent.
Following this, the Address and Phone Number of the Attorney-in-Fact must be presented on the blank line with the labeled areas “Address” and “Phone”
The next statement, beginning with the words “Said attorney-in-fact shall have…” will have three numbered lines. Here, the Principal should define the Specific Powers being granted to the Attorney-in-Fact.
4 – Verification of Agent’s Appointment
The paragraphs that follow should be read by all parties involved. Below this disclosure, the Principal must enter the Calendar Date, Month, and Year when he or she is signing this form.
On the blank line above the word “Signature,” the Principal must sign his or her name.