Delaware Power of Attorney Guide 2026
This content is for informational purposes only and does not constitute legal advice. Consult a licensed Delaware attorney for advice specific to your situation.
A Power of Attorney (POA) lets you choose someone to make decisions for you. This guide explains the types of POA available in Delaware and how to create a valid document.
Quick Facts: Power of Attorney in Delaware
| Requirement | Details |
|---|---|
| Legal Age | Principal must be 18+ and mentally competent |
| Witnesses | Not required for financial POA (but recommended) |
| Notarization | Required |
| Recording | Required for real estate transactions |
| Statute | 12 Del. C. ch. 49 |
What Is a Power of Attorney?
A Power of Attorney is a legal document where you (the "principal") give someone else (your "agent" or "attorney-in-fact") the authority to act on your behalf.
Key Terms
- Principal: The person creating the POA
- Agent/Attorney-in-Fact: The person given authority to act
- Durable: Remains valid if you become incapacitated
- Springing: Only takes effect under specific conditions
Types of Power of Attorney in Delaware
1. General Power of Attorney
Gives broad authority to handle:
- Financial transactions
- Banking
- Real estate
- Business operations
- Insurance claims
Ends if you become incapacitated (unless it's durable)
2. Durable Power of Attorney
- Remains valid even if you become incapacitated
- Essential for estate planning
- Must include specific durability language per 12 Del. C. § 4904
3. Limited (Special) Power of Attorney
- Authority limited to specific tasks
- Examples: selling a car, handling a single transaction
- Expires when the task is complete
4. Healthcare Power of Attorney
- Agent makes medical decisions if you cannot
- Often combined with a Living Will
- Governed by 16 Del. C. ch. 25
5. Springing Power of Attorney
- Takes effect only when a specific event occurs
- Common trigger: doctor certifies incapacity
- Requires careful drafting
Requirements for a Valid POA in Delaware
Financial Power of Attorney
- Written document signed by the principal
- Notarized (required)
- Clear identification of principal and agent
- Specific powers granted to the agent
- Durability language if intended to be durable
Healthcare Power of Attorney
- Written document signed by the principal
- Two witnesses OR notarized
- Clear identification of healthcare agent
- HIPAA authorization included
Choosing Your Agent
Who Can Be an Agent?
- Anyone 18 or older
- Someone you trust completely
- Should be organized and responsible
- Can be a family member, friend, or professional
Who Should NOT Be Your Agent?
- Anyone who may have conflicts of interest
- Someone who struggles with financial matters
- Your healthcare provider or their employee
Naming Alternate Agents
Always name at least one alternate agent in case your first choice cannot serve.
How to Create a Delaware POA
Step 1: Choose Your Agent
- Select someone you trust completely
- Discuss the responsibilities with them
- Make sure they are willing to serve
Step 2: Draft the Document
- List all powers you want to grant
- Include durability language if desired
- Name alternate agents
Step 3: Sign and Notarize
- Sign the document in front of a notary public
- Bring valid government-issued ID
- For healthcare POA: sign with two witnesses OR notary
Step 4: Distribute Copies
- Give copies to your agent
- Give copies to alternate agents
- Provide to banks, doctors, and other institutions as needed
What Powers Can You Grant?
Common Financial Powers
- Access bank accounts
- Pay bills
- File taxes
- Manage investments
- Buy or sell real estate
- Handle insurance claims
- Operate your business
Common Healthcare Powers
- Consent to or refuse medical treatment
- Access medical records
- Choose healthcare providers
- Make end-of-life decisions
- Authorize organ donation
Revoking a Power of Attorney
How to Revoke
- Create a written revocation document
- Sign and notarize the revocation
- Notify your agent in writing
- Notify all institutions that have a copy of the original POA
Automatic Revocation
A POA is automatically revoked if:
- You create a new POA that supersedes the old one
- You get divorced (in Delaware, divorce revokes a POA naming your spouse)
- You die
Legal Aid Resources in Delaware
| Organization | Phone | Services |
|---|---|---|
| Community Legal Aid Society (CLASI) | (302) 575-0660 | Free help for low-income |
| Delaware Bar Lawyer Referral | (302) 478-8852 | Low-cost consultations |
Next Steps
- Choose your agent — Someone you trust completely
- Decide on powers — What authority to grant
- Create the document — Include durability language
- Sign and notarize — Required in Delaware
- Distribute copies — To agents and institutions
Get Delaware Power of Attorney Documents
jurisdiction-correct Delaware Power of Attorney documents from Jurist-Diction include templates for financial and healthcare POA — starting at $47.
Templates are for informational purposes only and do not constitute legal advice. For legal advice, contact a licensed Delaware attorney or Community Legal Aid Society at (302) 575-0660.