Delaware Real Estate Power of Attorney Form

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Updated June 02, 2022

A Delaware real estate power of attorney serves as documentation defining the permission a principal gives an agent to handle their business (pertaining to real property) when he or she is absent, ill, or otherwise unavailable to act. The principal will be required to provide all the information requested by this paperwork.  This form will require one witness attestation and the acknowledgment of a notary public at the time of its execution.


StatutesChapter 49A. Durable Personal Powers of Attorney Act

Signing Requirements (12 Del. C. § 49A-105) – One (1) Witness and Notary Public.

How to Write

1 – Produce The Required Form

Download this Delaware Power of Attorney by selecting the button beneath the preview photo on the right. You may print it then fill it out manually or you may use a compatible software program to enter information directly onscreen.

2 –  Presenting The Name And Location Of The Principal And Attorney-in-Fact

Locate the first blank line preceding the words “Full Name” then, report the Name of the Principal appointing power to the Attorney-in-Fact. 

The blank line following the word “of” requires the Street Address of this entity to be presented.

The second line will continue this report on the Principal by requiring the City and State, where the Principal resides, displayed in the appropriate areas.

Locate the blank space between the words “…hereby appoint” and “Full Name,” then enter the Name of the Agent or Attorney-in-Fact being appointed power.

The next three blank lines must have the Agent’s Street Address, City, and State filled in.

3 – The Assignment of Principal Authority To The Agent

The heading “Article I. Assignment of Authority” will present several definitions of Authority that apply to most situations. Wherever necessary, the Principal must initial and check the box corresponding to the Authority definition it precedes in order to grant that power to the Agent. It will also be necessary to provide the details for the concerned property where the Agent may exert Principal Power.

The Principal must initial and check the blank line and checkbox just before the words “Sale of Real Estate” to give the Agent the Authority the ability to Sell Property on behalf of the Principal. The Physical Address of the Property the Agent may sell should be reported on the first blank space in this selection’s statement. Then, on the second blank space in this statement, the Legal Description for this property must be recorded.

The second selection, “Purchase of Real Estate,” will deliver the Principal Authority to the Agent in terms of Purchasing Property. If the Principal wishes to grant this power to the Agent, he or she will have to initial the blank space next to the checkbox, then mark the checkbox. As with selection the Physical Address and the Legal Description of the Property the Agent may buy with Principal Authority must be recorded on the first and second blank spaces in this statement.

The Principal may grant the power to Manage Real Estate in his or her name to the Agent by initialing the third selection (“Management of Real Estate”), marking the checkbox, then entering the Physical Address and Legal Description of the Property the Agent may manage.

If the Agent must have the power to Refinance a property, the Principal must initial and check the “Refinancing” statement. This statement must have the Address and Legal Description (in this order) of the property the Agent may refinance on behalf of the Principal reported on the two blank spaces provided.

4 – Report The Term Of This Document’s Power

“Article III. Term” seeks to define the exact period of time when the Agent’s Principal Power is valid and should be recognized. That is, the period of time the Principal wishes the Agent to act on his or her behalf with Principal consent. If the Agent’s Principal Power is effective immediately until a specific date, the Principal must initial and mark choice “a” then, record the Date of Termination in the spaces provided.

If this document becomes effective immediately and only terminates when the Principal is incapacitated, dead, or revokes it, he or she must initial the choice “b” and mark the checkbox.

If the Principal wishes the powers defined in this form to become effective immediately until he or she revokes them or passes away, then Choice “c” must be marked.

5 – Delivering Authority To the Agent

The next section requiring attention, “Article VI Revocation,” will act to revoke previously issued powers through the Principal Signature required by this section. First, the Calendar Date (Day, Month, Year) must be recorded after the words “…this instrument”

Below this, the Principal must sign and print his or her name.

The Agent must sign and print his or her name on the blank spaces following the words “Agent’s Signature.”

These signatures should be made before two witnesses. Each of these Witnesses will need to personally tend to a Witness section. The first Witness should locate the heading “Affirmation by Witness 1, then enter his or her Name on the first blank space, sign his or her name on the “Witness 1 Signature” line, print his or her name on the “Print Name” line. The second Witness should locate the “Affirmation by Witness 2” statement. Here, the second witness must provide his or her Name, Signature, and Printed Name on the spaces provided.

The Notary Acknowledgment section is where the Notary Public will provide the notarization seal along with some required information.

The “Acceptance by Agent” statement at the end of this document should be read by the Agent, then Signed by the Agent. The Agent’s Printed Name must also be clearly displayed.