Question 1

What durability language is required in Delaware?

Accepted Answer

In Delaware, a Durable Power of Attorney must include specific language indicating that the agent's authority survives the principal's incapacity. The recommended language is: 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal.' Without this specific language, the POA may be treated as a non-durable POA. Our Delaware template includes the exact statutory language required.

Question 2

Does Delaware require notarization for a Durable POA?

Accepted Answer

Delaware recommends notarization for a Durable Power of Attorney. Given that a Durable POA is intended to be used during the principal's incapacity, notarization is especially important. Financial institutions routinely require notarization before accepting a Durable POA.

Question 3

Has Delaware adopted the Uniform Power of Attorney Act?

Accepted Answer

Delaware has not adopted the Uniform Power of Attorney Act (UPOAA). Delaware has its own statutory framework governing Durable Powers of Attorney. While not based on the UPOAA, Delaware law provides the requirements for creating a valid Durable POA.

Question 4

What are the agent compensation rules in Delaware?

Accepted Answer

In Delaware, the rule regarding agent compensation under a Durable POA is: Reasonable compensation allowed unless document provides otherwise. The POA document can specify the exact compensation terms, override default rules, or prohibit compensation entirely. The agent must keep detailed records of all compensation received.

Question 5

What are the third-party acceptance requirements in Delaware?

Accepted Answer

In Delaware, third-party acceptance of a Durable POA is governed as follows: No specific statutory timeline for acceptance. Third parties that unreasonably refuse a valid Durable POA may face liability. To minimize acceptance issues, consider presenting the POA to financial institutions in advance.

Question 6

Can a Durable POA avoid guardianship in Delaware?

Accepted Answer

Yes, one of the primary benefits of a Durable POA in Delaware is avoiding the need for court-appointed guardianship or conservatorship. Without a Durable POA, if you become incapacitated, your family must petition a Delaware court for guardianship — a process that can cost $5,000-$15,000 and take months. A properly executed Durable POA allows your chosen agent to act immediately.

Question 7

When does a Durable Power of Attorney take effect in Delaware?

Accepted Answer

In Delaware, a Durable POA typically takes effect immediately upon execution unless the document specifies otherwise. Some people prefer a springing Durable POA that only takes effect upon incapacity, but this can cause delays because incapacity must be verified by physicians. Immediate-effect Durable POAs are generally recommended.

Question 8

How do I revoke a Durable Power of Attorney in Delaware?

Accepted Answer

To revoke a Durable POA in Delaware: the principal must be mentally competent, execute a written revocation and have it notarized, deliver the revocation to the agent, notify all third parties, and if the POA was recorded for real estate, record the revocation. Creating a new Durable POA can also revoke a prior one if it expressly states so.

Free Delaware Durable Power of Attorney Forms

Delaware Durable Power of Attorney Overview

Delaware Execution Requirements

How to Create Your Delaware Durable POA

Choose Your Agent Carefully

Define the Scope of Authority

Execute According to Delaware Law

Sample Delaware Durable Power of Attorney

STATE OF DELAWARE

DURABLE POWER OF ATTORNEY

Delaware Durable Power of Attorney FAQ

Official Delaware Resources

Delaware Code Title 12, Chapter 49A

Uniform Power of Attorney Act

Other Delaware Power of Attorney Types

Delaware General POA

Delaware Limited / Special POA

Delaware Medical / Healthcare POA

Delaware Financial POA

Delaware Springing POA

Delaware Real Estate POA

Delaware Vehicle POA

Delaware Tax POA

Create Your Delaware Durable Power of Attorney