DE · POA · Updated July 2026 · Free
Delaware Power of Attorney
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Delaware at a glance: Governing Law: Del. Code tit. 12, § 49A-101 et seq. (UPOAA) · Notarization: Required · Witnesses: Not statutorily required
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Overview
Powers of Attorney in Delaware
Delaware has adopted the Uniform Power of Attorney Act, codified in Delaware Code Title 12. A financial POA must be notarized to be valid and is durable by default.
A separate advance health care directive is required for medical decisions in Delaware.
Key Facts
Delaware Power of Attorney — Quick Reference
| Requirement | Delaware Rule |
|---|---|
| Governing Law | Del. Code tit. 12, § 49A-101 et seq. (UPOAA) |
| Notarization | Required |
| Witnesses | Not statutorily required |
| Default Durability | Durable by default |
| Medical Decisions | Separate advance health care directive required |
Legal Requirements
Delaware Legal Requirements
- Must be signed by the principal and acknowledged before a notary public.
- Durable by default under Delaware's Uniform Power of Attorney Act.
- Agent has fiduciary duties to act in the principal's best interest.
- A separate advance health care directive is needed for medical decisions.
Governing Laws
Delaware Governing Laws
Del. Code tit. 12, § 49A-101 et seq.
Uniform Power of Attorney Act
Governs the creation, effect, and termination of powers of attorney in Delaware.
Read the full text of these laws at Cornell Law School's Delaware legal resources or your state legislature's official website.
Questions & Answers
Delaware Power of Attorney — Frequently Asked Questions
Does a Delaware POA need to be notarized?
Yes. Delaware requires a financial POA to be acknowledged before a notary public.
Is a Delaware POA durable by default?
Yes, under Delaware's Uniform Power of Attorney Act.
Does a Delaware POA cover healthcare decisions?
No. A separate advance health care directive is required for medical decisions.