Delaware Power of Attorney PDF
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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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.
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 |
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.
Delaware Governing Laws
Read the full text of these laws at Cornell Law School's Delaware legal resources or your state legislature's official website.