Delaware Power of Attorney Forms

The Delaware Power of Attorney Forms

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What is a Delaware Power of Attorney?

Delaware Power of Attorney

  • Delaware Power of Attorney Laws – (Chapter 49A “Durable Personal Powers of Attorney Act”)
  • State Definition of Power of Attorney (§ 49A-102) – “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.”
  • Signing Requirements (§ 49A-105) – Needs to be signed by the principal, dated, witnessed by a notary public, witnessed by one (1) adult witness, and completed along with a notice form (found at the bottom of § 49A-105).

Types

Durable (Financial) Power of Attorney Form –

Download – Adobe PDF, Microsoft Word


General (Financial) Springing Power of Attorney Form

Download – Adobe PDF, Microsoft Word


Limited (Special) Power of Attorney Form

Download – Adobe PDF, Microsoft Word


Advance Health Directive (Medical POA) – In order to legally designate another party to make decisions about your health care, a Medical POA is mandatory.

Download – Adobe PDF


Minor Child Power of Attorney Form – One useful means that busy parents can ensure their children are taken care of even when they are occupied with other matters is by filing this legally-binding document.

Download – Adobe PDF, Microsoft Word


Motor Vehicle Power of Attorney (Form MV386)

Download – Adobe PDF


Real Estate (Property) Power of Attorney Form

Download – Adobe PDF, Microsoft Word


Revocation of Power of Attorney Form

Download – Adobe PDF, Microsoft Word


State Tax Power of Attorney (Form 2848)

Download – Adobe PDF


When is it Effective?

A Power of Attorney is effective upon the completion of the following (per § 49A-105):

  1. Signed by the Principal or an authorized individual signing for the Principal.
  2. The POA is in writing and contains the date
  3. Witnessed by a Notary Public.
  4. Signed while in the presence of a non-family adult, that is not entitled to any portion of the estate.
  5. Has an attached notice (not required, but places more burden on the Agent when required to prove validity).

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