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Free Delaware Power of Attorney Template

A Delaware power of attorney (POA) lets you authorize someone you trust to handle financial, legal, or medical matters for you. Whether you're preparing for travel, illness, or future uncertainty, this document ensures your instructions are followed under Delaware law.

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  • Duration 2 min
  • Download as PDF and Word
  • E-sign included

Written by Josh Sainsbury | Attorney-Reviewed by Harvey Barbee, J.D.

How It works?

1

Answer a Few Questions

Add your name, your agent’s details, and the powers you want to grant.

2

Customize Your Form

Our builder helps you include Delaware’s specific signing and durability requirements.

3

Download and Sign

Save as PDF or Word, print, and sign before a notary and witness as required.

Table of Contents

  1. What Is a Delaware Power of Attorney?
  2. Types of Powers of Attorney in Delaware
  3. How to Write a Power of Attorney in Delaware
  4. Legal Requirements and Considerations for Delaware POAs

What Is a Delaware Power of Attorney?

A Delaware power of attorney (POA) lets you authorize another person, called an agent or attorney-in-fact, to act on your behalf in financial, legal, or medical matters. You must create and sign it while mentally competent, and you can revoke it at any time.

Under 12 Del. C. § 49A-104, a POA is durable only if it includes explicit durability language. All POAs must be signed before a notary public and one adult witness who is not related to you or entitled to your estate (12 Del. C. § 49A-105).

Types of Powers of Attorney in Delaware

Each type of power of attorney grants a different level or scope of authority. Use the table below to find which one fits your needs.

TypeWhat it doesSigning/notarization requirements
Durable (Financial)Allows your agent to manage your finances and property and stays valid even if you become incapacitated.Notary and one adult witness (12 Del. C. § 49A-105); must include durability wording (§ 49A-104)
Non-Durable (General)Grants broad powers but ends if the principal becomes incapacitated.Notary and one adult witness (12 Del. C. § 49A-105)
Medical (Health Care)Authorizes an agent to make healthcare decisions if you can’t. Can be combined with a living will or advance directive.Two adult witnesses; if unable to sign, you can direct another person to sign for you (16 Del. C. § 2503)
Limited (Special)Restricts authority to a specific task or timeframe (e.g., signing a contract).Notary and one adult witness (12 Del. C. § 49A-105)
SpringingTakes effect only after a defined event, like medical incapacity.Notary and one adult witness (12 Del. C. § 49A-105)
Motor Vehicle (Form MV386)Lets an agent handle DMV and vehicle-related matters such as registration, title, or sale.Notary (Delaware DMV form instructions)
Real EstateAuthorizes your agent to buy, sell, or manage real property.Notary and one adult witness (12 Del. C. § 49A-105); record with the Recorder of Deeds
Tax (Form 2848)Allows an agent to manage tax matters with the Delaware Division of Revenue.Taxpayer and representative signatures (form-specific)
Minor (Child)Temporarily transfers decision-making for a child’s care, education, or health.Notary and one adult witness (12 Del. C. § 49A-105)
RevocationCancels a previous POA and ends the agent’s authority.Notary and one adult witness (12 Del. C. § 49A-105)

How to Write a Power of Attorney in Delaware

You can create a valid Delaware power of attorney by following state law and including key information.

According to 12 Del. C. § 49A-105, the POA must be written and properly signed in front of a notary and a witness. Here’s how to complete one:

  1. Identify the principal and agent: Include full names, addresses, and contact details. You may also appoint co-agents or successor agents.
  2. Define the agent’s powers: Specify whether the agent can handle finances, real estate, or medical matters. You can also limit authority to certain actions.
  3. State durability: Under 12 Del. C. § 49A-104, powers of attorney are only durable if explicitly stated in the document.
  4. Add special instructions: Include any restrictions, such as prohibiting gifts or limiting certain transactions.
  5. Sign and notarize: Sign in front of one adult witness and a notary public. The witness cannot be related to you or entitled to your estate.
  6. Distribute copies: Give copies to your agent and relevant institutions. If it covers real estate, record it with your county Recorder of Deeds.

Legal Requirements and Considerations for Delaware POAs

Duration

A POA is generally effective upon signing unless you specify a later date or event.

Durable powers stay valid during incapacity, while non-durable ones automatically end when the principal becomes incapacitated (12 Del. C. § 49A-104). Delaware POAs are non-durable by default.

Termination

Under 12 Del. C. § 49A-110, a POA ends if the principal dies or revokes the document, its stated term expires, its purpose is fulfilled, or the agent can no longer serve. If your spouse is your agent, divorce automatically terminates their authority. A non-durable POA will end upon the principal’s incapacity.

Revocation

You can revoke your POA at any time by signing a revocation letter before a notary and witness, then notifying your agent and all relevant parties. The agent’s powers continue until they receive notice of revocation.

Filing and Recording

Most Delaware POAs don’t need to be filed. However, a real estate power of attorney should be recorded with the county Recorder of Deeds to be effective for property transactions.

Signing and Notarization

Execution requires both notarization and a witness per 12 Del. C. § 49A-105.

Health care POAs follow 16 Del. C. § 2503, which allows two witnesses or a directed signature if the principal is unable to sign.

The agent must also sign a certificate of acceptance, acknowledging their duties to act in good faith and follow the principal’s instructions.