Updated May 20, 2024
A Delaware springing power of attorney assigns someone the legal authority to make important decisions for a person (principal) at some future date or in the event that the principal becomes incapacitated and is unable to act on their own behalf.
Permitted in Delaware?
Yes, a power of attorney may become effective at a future date or upon the occurrence of a future event or contingency.[1]
Signing Requirements
A power of attorney must be dated and signed by the principal (or by another person in the presence of the principal and at their express direction) in the presence of a notarial officer and one adult witness who is neither:[2]
- Related to the principal by blood, marriage, or adoption; nor
- entitled to any portion of the estate of the principal under the principal’s then existing will or codicil or amendment thereto or trust instrument.
“Incapacity” Definition
“Incapacity” means inability of an individual to manage his or her property or business affairs.[3]