Question 1

Does Delaware require a General Power of Attorney to be notarized?

Accepted Answer

Delaware recommends notarization for a General Power of Attorney. Notarization verifies the identity of the principal and confirms they are signing voluntarily. Even in states where notarization is not strictly required, it is strongly recommended because third parties are more likely to accept a notarized POA without delay.

Question 2

What witness requirements does Delaware have for a General POA?

Accepted Answer

Delaware witness requirement: 1 witness + notary. Witness requirements vary significantly by state. Even if witnesses are not required by state law, having witnesses can add credibility and reduce the risk of challenges. Witnesses should be adults who are not named as agents or beneficiaries.

Question 3

Has Delaware adopted the Uniform Power of Attorney Act (UPOAA)?

Accepted Answer

Delaware has not adopted the Uniform Power of Attorney Act (UPOAA). The UPOAA provides a standardized framework for creating, executing, and enforcing powers of attorney. However, Delaware has its own state-specific POA statutes that govern how powers of attorney are created and enforced.

Question 4

Does a General POA need to be recorded in Delaware?

Accepted Answer

In Delaware, a General Power of Attorney must be recorded with the county recorder if it will be used for real estate transactions. Recording puts the public on notice that the agent has authority. For non-real-estate matters, recording is generally not required.

Question 5

Can I use a General Power of Attorney for banking in Delaware?

Accepted Answer

Yes, a properly executed General Power of Attorney can be used for banking transactions in Delaware, including opening and closing accounts, making deposits and withdrawals, managing investments, and accessing safe deposit boxes. Some Delaware banks may also require the agent to sign the bank's own POA form.

Question 6

What happens to a General POA if I move to Delaware from another state?

Accepted Answer

If you move to Delaware, a General POA executed in another state may still be valid, but acceptance is not guaranteed. Delaware generally recognizes out-of-state POAs if they were properly executed under the laws of the originating state. However, for real estate transactions, the POA must comply with Delaware recording requirements. It is recommended to execute a new POA after relocating.

Question 7

Who should I name as my agent in a Delaware General POA?

Accepted Answer

Choose someone you trust completely, as a General POA grants broad authority over your financial and legal affairs. Common choices include a spouse, adult child, sibling, or trusted friend. Your agent must be at least 18 years old and mentally competent. Name one or two successor agents in case your primary agent cannot serve.

Question 8

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

Accepted Answer

To revoke a General POA in Delaware: (1) Create a written revocation document and have it notarized, (2) Deliver the revocation to your agent, (3) Send copies to all third parties that have copies of the original POA, (4) If the POA was recorded for real estate, record the revocation with the same county recorder. The principal must be mentally competent at the time of revocation.

Free Delaware General Power of Attorney Forms

Delaware General Power of Attorney Overview

Delaware Execution Requirements

How to Create Your Delaware General POA

Choose Your Agent Carefully

Define the Scope of Authority

Execute According to Delaware Law

Sample Delaware General Power of Attorney

STATE OF DELAWARE

GENERAL POWER OF ATTORNEY

Delaware General 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 Durable 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 General Power of Attorney