Delaware Power of Attorney (POA) Forms
A power of attorney in Delaware enables individuals to delegate particular powers to another person. It’s crucial to select a trustworthy agent, such as a spouse or a family member. Once the document has been correctly executed, the agent can immediately start signing and taking actions on behalf of the principal.
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Durable POA
PDF
This type of power of attorney continues in effect, even after a person can no longer make decisions for themselves.
Signing Requirements: One witness and a notary public.
Advance Directive
PDF
Allows a person to choose a friend or relative to make healthcare decisions for them (medical power of attorney) and choose end-of-life treatment preferences (living will).
Signing Requirements: Two witnesses.
General POA
PDF
This form can be used in the event the principal is going to be away for a period of time but expects to return. Non-durable.
Signing Requirements: One witness and a notary public.
Limited POA
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A principal can use this form to appoint an agent to stand in for him or her for a specific transaction or limited circumstance.
Signing Requirements: One witness and a notary public.
Minor POA
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This form allows parents to designate someone they trust to be in charge of their children for a limited period of time.
Signing Requirements: Clerk of the court of a notary public.
Real Estate POA
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To elect someone else to handle real property to your benefit for a sale, purchase, or day-to-day maintenance.
Signing Requirements: One witness and a notary public.
Revocation of POA
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This form revokes a previously executed POA. A third party must know of the revocation in order to be liable on any reliance on the POA.
Signing Requirements: No laws, but it is recommended to be signed in the presence of a notary public.
Springing POA
PDF
Allows a durable power of attorney to 'kick-in' upon a principal's subsequent incapacity.
Signing Requirements: Must be dated and signed by the principal in the presence of a notarial officer and one additional adult witness.
State Tax Filing POA
PDF
A person can appoint someone to represent them with the state tax authorities.
Signing Requirements: Principal and the representative.
Motor Vehicle POA
PDF
A principal can assign an agent to represent them with the Division of Motor Vehicles.
Signing Requirements: Notary public.
The Significance of POA
