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Free Delaware Real Estate Power of Attorney Form Template

A Delaware real estate power of attorney form lets someone handle property matters for you. Complete it with our guided form, then sign before a notary and witness.

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What Is a Real Estate Power of Attorney in Delaware?

A Delaware real estate power of attorney form appoints an agent to handle real property for you. Delaware’s Durable Personal Powers of Attorney Act, chapter 49A of Title 12, governs many of these documents, though not every power of attorney falls under it.

Delaware Requirements for a Real Estate Power of Attorney

Section 49A-105 sets strict execution rules for a personal power of attorney.

Five Execution Requirements

A personal power of attorney must be in writing, signed by the principal or at their express direction in their presence, dated, signed in the presence of a notarial officer, and signed in the presence of one adult witness.

Who Can Witness

The witness can’t be related to the principal by blood, marriage, or adoption, or be entitled to any part of the principal’s estate under their will, codicil, or trust.

The Agent Must Sign a Certification

Under section 49A-105(c), the agent has no authority to act until they sign and attach a certification promising to act in good faith and within the scope of authority.

An Optional Notice

A signed notice may be placed at the beginning. It warns that the agent’s powers may include selling or encumbering real property without advance notice to you. Without it, the agent carries the burden of proving validity if challenged.

Some Powers Are Outside the Act

Section 49A-103 excludes certain powers, including one given to facilitate a specified transfer of identified assets, whether real or personal.

Does a Delaware Real Estate Power of Attorney Form Need a Notary and Witness?

Yes, for a personal power of attorney under chapter 49A. Section 49A-105 requires signing in the presence of both a notarial officer and one qualified adult witness.

If your document gives authority for a single identified transfer, section 49A-103 may place it outside the Act. Chapter 49 of Title 12, another chapter, or common law then governs it.

Tip: Choose a witness for your Delaware real estate power of attorney form who isn’t a relative and isn’t entitled to anything under your will or trust.

How to Complete a Delaware Real Estate Power of Attorney Form

Follow section 49A-105:

  1. Sign the optional notice at the top.
  2. Name yourself as principal and your agent.
  3. Identify the property and the powers you grant.
  4. Date and sign before a notarial officer and one qualified witness.
  5. Have your agent sign and attach the certification.
  6. Give the document to your agent.

What to Include in a Delaware Real Estate Power of Attorney Form

Cover these points:

  • The signed notice, recommended
  • Principal’s and agent’s names
  • The property and the powers granted
  • Date, principal’s signature, notary, and witness
  • The agent’s signed certification

Document Genius’s guided form covers each item, so your Delaware real estate power of attorney form is ready to sign in minutes.