DELAWARE POWER OF ATTORNEY — LSC COMPANION GUIDE

Legal Services Corporation Partner Document

For use with: de-power-of-attorney-form-court-doc.md

What This Document Does

A Power of Attorney (POA) lets you choose someone you trust to handle your money, property, and financial decisions if you cannot do so yourself. This "durable" power of attorney continues to work even if you become mentally unable to make decisions (unlike a regular POA, which stops working if you become incapacitated).

When to Use This Guide

Use this guide if you want to:

• Choose someone to manage your finances if you become unable
• Plan ahead in case of illness, injury, or aging
• Give someone authority to handle your affairs while you're unavailable (traveling, hospitalized)
• Ensure your bills get paid and property is managed if you can't do it yourself

Before You Start

You CAN use this guide if:

✓ You are at least 18 years old

✓ You understand what a Power of Attorney does

✓ You want to give someone financial authority

✓ You trust the person you're naming as your Agent

You should NOT use this guide if:

✗ You need someone to make healthcare decisions for you (use a Healthcare Power of Attorney instead)

✗ You are being pressured or forced to sign

✗ You don't understand what you're signing

✗ You have concerns about the person you're naming as Agent

You may need a LAWYER if:

✗ You have a large or complicated estate

✗ You want to create special conditions or limitations

✗ Family members disagree about who should be Agent

✗ You're concerned about someone taking advantage of you

Key Terms

Choosing Your Agent

Who Should You Choose?

Your Agent should be someone who:

• Is at least 18 years old
• You trust completely with your money and property
• Is good with financial matters
• Lives close enough to handle things easily (or is willing to travel)
• Is willing to take on the responsibility
• Has time to manage your affairs

Common choices:

• Spouse or partner
• Adult child
• Sibling
• Close friend
• Trusted professional (attorney, accountant, financial advisor)

Who Should You NOT Choose?

• Anyone who has mismanaged money in the past
• Anyone with a history of financial problems (bankruptcy, gambling, substance abuse)
• Anyone who has pressured you to sign
• Anyone you don't know well

Should You Name a Successor Agent?

YES. Life happens. Your first choice might:

• Die before you
• Become unable to serve
• Move away
• Change their mind

Naming a successor ensures someone can step in if needed.

What Powers Are You Giving?

This Power of Attorney is broad and gives your Agent authority to:

• Access your bank accounts
• Pay your bills
• Manage your investments
• Buy or sell property
• File your taxes
• Apply for government benefits
• Handle insurance claims
• Run your business (if you have one)
• And more

You can limit these powers by crossing out any sections you don't want to grant. However, it's usually better to give broad powers so your Agent can handle unexpected situations.

Step-by-Step Instructions

Step 1: Read the Entire Document

Before signing anything, read the Power of Attorney form completely. Make sure you understand:

• What powers you're giving
• Who you're naming as Agent
• When it takes effect

Step 2: Fill In Your Information

1. Your name and address (Principal)
2. Your Agent's name, address, and phone
3. Successor Agent information (optional but recommended)
4. Check the powers you want to grant (or check "GRANT ALL" for each category)
5. Choose when it takes effect:

• Immediately (recommended) — works right away and continues if you become incapacitated
• Upon incapacity only (springing) — only works if a doctor says you're incapacitated

Step 3: Decide on Agent Compensation

Your Agent can serve:

• Without compensation (most family members do this)
• With reasonable compensation (if you expect significant work)
• With a specific arrangement (you describe how they'll be paid)

Step 4: Sign the Document

You need:

• 2 witnesses (who are NOT your Agent)
• A notary public

Where to find a notary:

• Your bank (often free for customers)
• UPS Store, FedEx Office
• Some public libraries
• The courthouse

At signing:

1. Sign in front of your witnesses and notary
2. Your witnesses sign after watching you sign
3. The notary notarizes your signature
4. Your Agent should also sign the acknowledgment section

Step 5: Make Copies

Keep the original in a safe place (home safe, safe deposit box, or with your attorney).

Give copies to:

• Your Agent
• Your successor Agent(s)
• Your bank (they may want to keep a copy on file)
• Your financial advisor or accountant
• Your doctor's office (for reference)

Step 6: (Optional) Record with the County

If your Power of Attorney will be used for real estate transactions, you may need to record it with the County Recorder of Deeds.

Fee: $30–$60 (check with county)

Frequently Asked Questions

Does my Agent have to be a lawyer?

No. Your Agent can be any trusted adult. The term "Attorney-in-Fact" just means someone acting for you—it doesn't have to be an attorney.

Can I have more than one Agent?

Yes, but it's usually better to have one Agent and a successor. If you name co-Agents, they may need to agree on every decision, which can cause delays.

When does a Power of Attorney end?

It ends when:

• You die
• You revoke it in writing
• A court appoints a guardian/conservator over your affairs
• Your Agent dies or becomes incapacitated (unless you named a successor)

Can my Agent make healthcare decisions for me?

No. This Power of Attorney is for financial matters only. For healthcare decisions, you need a separate Healthcare Power of Attorney or Advance Healthcare Directive.

What if I change my mind?

You can revoke it at any time. Just:

1. Write a letter saying you revoke the Power of Attorney
2. Sign and date it
3. Give copies to your Agent and anyone who has a copy of the POA
4. If recorded with the county, record the revocation there too

Will banks accept this Power of Attorney?

Most will, but some institutions prefer their own forms. It's a good idea to check with your bank and financial institutions in advance.

What if my Agent misuses the Power of Attorney?

Your Agent has a legal duty to act in your best interest. If they don't:

• You can revoke the Power of Attorney immediately
• Family members can petition the court for protection
• The Agent can be sued and face criminal charges for fraud or theft

What to Do After Signing

1. Store the Original Safely

• Home safe or lockbox
• Safe deposit box at your bank
• With your attorney

Tell your Agent where the original is kept.

2. Give Copies to Key People

• Your Agent
• Successor Agents
• Your bank
• Financial advisor
• Family members who should know

3. Review Periodically

Review your Power of Attorney every few years or when:

• Your relationship with your Agent changes
• Your Agent's situation changes (moves, becomes ill)
• Your financial situation changes significantly
• You move to a different state

4. Keep It Current

If you want to change your Agent or modify the powers, create a new Power of Attorney and revoke the old one.

Warning Signs of Abuse

If you're the Principal, watch for:

• Your Agent making decisions you didn't authorize
• Money disappearing from your accounts
• Your Agent refusing to show you financial records
• Pressure to sign documents you don't understand

If you suspect abuse:

• Revoke the Power of Attorney immediately
• Contact Delaware Adult Protective Services: (800) 223-9074
• Consult an attorney

Where to Get Help

Legal Aid (Free or Low-Cost)

Senior Services

Bar Association Lawyer Referral

• Delaware State Bar Association: (302) 658-5279
• First consultation often $25–$50

Related Documents You May Need

Disclaimer

Jurisdiction-correct document templates. Not legal advice. Jurist-Diction is not a law firm. We cannot provide legal advice or tell you what decisions to make.

A Power of Attorney gives someone significant control over your finances. If you have questions or concerns, consult with a licensed Delaware attorney.

Laws change over time. Contact your local court or an attorney for the most current information.

Guide prepared by Jurist-Diction in partnership with Legal Services Corporation grantees.

"The law, precisely spoken."

Version: 1.0

Last Updated: March 2026