Delaware Power of Attorney Requirements & Form

Delaware requirements

• Delaware's governing law is the Durable Personal Powers of Attorney Act, Title 12, Chapter 49A of the Delaware Code, a modified version of the uniform act.
• A personal power of attorney must be in writing, signed and dated by the principal (or by another person subscribing the principal's name in the principal's presence at the principal's express direction), and signed in the presence of a notarial officer (12 Del. C. 49A-105).
• It must also be signed in the presence of one adult witness who is not related to the principal by blood, marriage, or adoption and is not entitled to any portion of the principal's estate under the principal's will, codicil, or trust (12 Del. C. 49A-105).
• Durability is not the default in Delaware. The document must contain express language, such as stating that the power is not affected by the principal's subsequent incapacity, to remain effective through incapacity (12 Del. C. 49A-104).
• Chapter 49A also provides a statutory notice that accompanies a personal power of attorney; confirm the current notice wording in Chapter 49A before signing.

Frequently asked questions

Does Delaware require both a notary and a witness for a power of attorney?

Yes. Under 12 Del. C. 49A-105 a personal power of attorney must be signed in the presence of a notarial officer and one adult witness. The witness cannot be a relative by blood, marriage, or adoption, and cannot stand to inherit from the principal.

Is a Delaware power of attorney automatically durable?

No. Under 12 Del. C. 49A-104 the document is durable only if it includes express language showing the principal intends it to remain effective despite later incapacity. Our form includes durability language, but review it against the Delaware statute before signing.

Official sources

• https://delcode.delaware.gov/title12/c049a/sc01/index.html