GENERAL DURABLE POWER OF ATTORNEY — DELAWARE

Document Type: Statutory Power of Attorney Form

Statutory Authority: 12 Del.C. §§ 4901–4906

Execution Requirements: Signed by Principal, Notarized, Two Witnesses

Recording: Required if dealing with real property

NOTICE TO PRINCIPAL

IMPORTANT INFORMATION ABOUT THIS DOCUMENT

This Power of Attorney gives the person you designate (your "Agent") broad powers to handle your property and finances, including powers to sell, lease, mortgage, and give away your property.

This Power of Attorney does NOT authorize your Agent to make healthcare decisions for you. For healthcare decisions, you should execute a separate Healthcare Power of Attorney or Advance Healthcare Directive.

You have the right to revoke this Power of Attorney at any time by providing written notice to your Agent.

This document becomes effective immediately upon signing and continues even if you become disabled or incapacitated (this is called a "durable" power of attorney).

READ THIS DOCUMENT CAREFULLY before signing. If you have questions, consult an attorney.

POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS:

I. DESIGNATION OF AGENT

I, ________________________________________________________

[Print Full Legal Name of Principal]

residing at:

hereby appoint:

Name of Agent: ________________________________________________

as my true and lawful Agent (also called "Attorney-in-Fact") to act for me and in my name, place, and stead.

II. DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my Agent resigns, dies, becomes incapacitated, or is unable or unwilling to serve, I appoint the following person(s) as Successor Agent(s):

First Successor Agent:

Second Successor Agent (Optional):

III. GRANT OF GENERAL AUTHORITY

I grant to my Agent FULL POWER AND AUTHORITY to do everything necessary in exercising the powers granted in this Power of Attorney as fully as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my Agent shall lawfully do or cause to be done by virtue of this instrument.

This Power of Attorney shall not be affected by subsequent disability or incapacity of the Principal in accordance with 12 Del.C. § 4901.

IV. SPECIFIC POWERS GRANTED

My Agent is authorized to exercise any or all of the following powers on my behalf:

A. REAL PROPERTY TRANSACTIONS

☐ To buy, sell, lease, mortgage, exchange, or otherwise deal with any real property

☐ To manage, maintain, repair, improve, or insure real property

☐ To pay property taxes, assessments, and other charges

☐ To execute deeds, mortgages, leases, and other documents

☐ GRANT ALL REAL PROPERTY POWERS

B. TANGIBLE PERSONAL PROPERTY

☐ To buy, sell, lease, exchange, or otherwise deal with personal property

☐ To store, ship, transport, or insure personal property

☐ To borrow money using personal property as collateral

☐ GRANT ALL PERSONAL PROPERTY POWERS

C. STOCKS, BONDS, AND SECURITIES

☐ To buy, sell, exchange, or transfer stocks, bonds, mutual funds, and other securities

☐ To open, close, and manage brokerage accounts

☐ To exercise stock options and voting rights

☐ GRANT ALL SECURITIES POWERS

D. BANKS AND OTHER FINANCIAL INSTITUTIONS

☐ To open, close, and manage bank accounts (checking, savings, CDs)

☐ To make deposits and withdrawals

☐ To write checks and use debit cards

☐ To apply for loans, lines of credit, or credit cards

☐ To access safe deposit boxes

☐ GRANT ALL BANKING POWERS

E. OPERATION OF BUSINESS

☐ To operate, manage, or dissolve any business I own

☐ To sign contracts, invoices, and other business documents

☐ To hire and fire employees

☐ To file tax returns and other government documents

☐ GRANT ALL BUSINESS POWERS

F. INSURANCE AND ANNUITIES

☐ To purchase, modify, or cancel insurance policies

☐ To file and settle insurance claims

☐ To designate beneficiaries

☐ GRANT ALL INSURANCE POWERS

G. ESTATES, TRUSTS, AND BENEFICIARY TRANSACTIONS

☐ To accept or disclaim inheritances

☐ To act as executor, administrator, or trustee if appointed

☐ To manage trust assets on my behalf

☐ To make gifts to the extent permitted by law

☐ GRANT ALL ESTATE POWERS

H. CLAIMS AND LITIGATION

☐ To file lawsuits or defend against claims on my behalf

☐ To settle claims or disputes

☐ To hire attorneys and other professionals

☐ To appear in court, mediations, or arbitrations

☐ GRANT ALL LITIGATION POWERS

I. GOVERNMENT BENEFITS

☐ To apply for Social Security, Medicare, Medicaid, veterans benefits, or other government programs

☐ To appeal denials of benefits

☐ To manage benefit payments

☐ GRANT ALL GOVERNMENT BENEFIT POWERS

J. RETIREMENT PLANS

☐ To make contributions to or withdrawals from retirement accounts

☐ To roll over retirement funds

☐ To designate beneficiaries

☐ To manage IRA, 401(k), pension, and other retirement plans

☐ GRANT ALL RETIREMENT PLAN POWERS

K. TAX MATTERS

☐ To prepare and file federal, state, and local tax returns

☐ To receive tax refunds

☐ To represent me before the IRS or state tax authorities

☐ To sign tax returns, extensions, and other tax documents

☐ GRANT ALL TAX POWERS

V. EFFECTIVE DATE AND DURABILITY

This Power of Attorney:

☐ Takes effect immediately upon execution and shall not be affected by my subsequent disability or incapacity (DURABLE POWER OF ATTORNEY) — RECOMMENDED

☐ Takes effect only upon my disability or incapacity as determined by a licensed physician who examines me and provides a written statement of my incapacity (SPRINGING POWER OF ATTORNEY)

This Power of Attorney shall continue in effect until:

☐ My death

☐ I revoke it in writing

☐ A court appoints a guardian or conservator over my affairs (as limited by 12 Del.C. § 4903)

VI. THIRD PARTY RELIANCE

Any third party may rely upon this Power of Attorney without inquiry. In accordance with 12 Del.C. § 4905, an affidavit by my Agent stating that my Agent did not have actual knowledge of my death, disability, or revocation shall be conclusive proof of the continued validity of this Power of Attorney.

VII. REVOCATION

I may revoke this Power of Attorney at any time by:

1. Executing a written revocation and delivering it to my Agent; or
2. Executing a new Power of Attorney that expressly revokes this one; or
3. Providing written notice to any third party who has relied on this Power of Attorney

VIII. COMPENSATION OF AGENT

My Agent:

☐ Shall serve without compensation

☐ Shall be entitled to reasonable compensation for services rendered

☐ Shall be compensated as follows:

________________________________________________________________

IX. GOVERNING LAW

This Power of Attorney shall be governed by and construed in accordance with the laws of the State of Delaware, including 12 Del.C. §§ 4901–4906.

X. SIGNATURE OF PRINCIPAL

I have read and understand this Power of Attorney. I am signing this document voluntarily and of my own free will. I understand the powers I am granting to my Agent.

_______________________________

Signature of Principal

________________________________________________________

[Print Full Legal Name of Principal]

_______________________________

Date

XI. ACKNOWLEDGMENT OF AGENT

By signing below, I acknowledge that:

1. I have read this Power of Attorney and understand my duties as Agent.
2. I will act in the Principal's best interest and in accordance with the Principal's wishes.
3. I will keep the Principal's property separate from my own.
4. I will maintain accurate records of all transactions I undertake on behalf of the Principal.
5. I will provide an accounting to the Principal (or to the Principal's legal representative) upon request.
6. This Power of Attorney may be revoked by the Principal at any time.
7. My authority terminates upon the Principal's death unless I act in good faith without knowledge of the death under 12 Del.C. § 4904.

_______________________________

Signature of Agent

________________________________________________________

[Print Full Legal Name of Agent]

_______________________________

Date

XII. WITNESS ATTESTATION

STATE OF DELAWARE

COUNTY OF ________________

We, the undersigned witnesses, being at least 18 years of age, do hereby declare:

1. We witnessed the Principal sign this Power of Attorney.
2. The Principal signed voluntarily and appeared to be of sound mind.
3. The Principal declared to us that they understood the nature and effect of this Power of Attorney.
4. We are NOT named as Agent or Successor Agent in this document.
5. We are NOT related to the Principal by blood, marriage, or adoption (optional, but recommended).

Witness 1:

_______________________________

Signature

________________________________________________________

[Print Full Name]

_______________________________

Address

_______________________________

Date

Witness 2:

_______________________________

Signature

________________________________________________________

[Print Full Name]

_______________________________

Address

_______________________________

Date

XIII. NOTARY ACKNOWLEDGMENT

STATE OF DELAWARE

COUNTY OF ________________

On this _____ day of _________________, 20____, before me, the undersigned notary public, personally appeared:

__________________________________________

[Name of Principal]

known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument and acknowledged that they executed it for the purposes stated therein.

_______________________________

Notary Public Signature

________________________________________________________

[Print Notary Name]

My Commission Expires: _________________

(Notary Seal)

RECORDING INFORMATION

If this Power of Attorney will be used for real estate transactions, record in:

Recording Fee: Approximately $30–$60 (check with county for current fee)

STATUTORY REFERENCES

• 12 Del.C. § 4901 — Definition of Durable Power of Attorney
• 12 Del.C. § 4902 — Power Not Affected by Disability
• 12 Del.C. § 4903 — Relation of Agent to Court-Appointed Fiduciary
• 12 Del.C. § 4904 — Death, Disability, or Incapacity of Principal
• 12 Del.C. § 4905 — Exercise of Power After Revocation; Affidavit
• 12 Del.C. § 4906 — Relation to Chapter 49A (Personal Powers)

IMPORTANT DISCLAIMERS

Jurisdiction-correct document templates. Not legal advice. Jurist-Diction is not a law firm and cannot provide legal advice.

• This Power of Attorney grants broad financial powers. Consult with an attorney if you have questions about limiting or customizing these powers.
• This document does NOT include healthcare decision-making authority. For healthcare decisions, execute a separate Healthcare Power of Attorney or Advance Healthcare Directive.
• Banks and financial institutions may require their own forms. Some institutions have specific power of attorney forms they prefer you to use.
• Keep the original in a safe place and provide copies to your Agent and successor agents.
• Review this document periodically to ensure it still reflects your wishes.

Document prepared by Jurist-Diction • "The law, precisely spoken."

Template Version: 1.0 • Last Updated: March 2026