Delaware Power of Attorney Forms


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This package contains the following forms:


  1. General Durable Power of Attorney
  2. Statutory Form of Durable Power of Attorney
  3. Last Will
  4. Statutory Equivalent of Living Will
  5. Estate Planning Questionnaire and Worksheets
  6. Information and Document Inventory Worksheets


Convenient and Affordable Power Of Attorney Forms!

We offer State Specific Power of Attorney Solutions for your Specific Needs! Our Delaware Power of Attorney forms are written to comply with the laws of Delaware. You can be assured that these forms are not generic or standardized which could mean they would not be valid in your state. Here, you will find forms to handle finances and property issues, the care of a child, health care decisions, special or limited purposes, as well as forms that are statutory, durable and non-durable. Free Previews and law summaries are available along with our 24 hr 100% satisfaction guarantee.



Delaware Power of Attorney Law


The authority for creating a power of attorney form (POA) is found in statutes contained in Title 12 of the Delaware Code. These laws permit you to give an agent authority to act in your place when an illness, mental incapacity, absence, or another reason prevents you from handling the matter yourself. Some of the important things to know about these laws are discussed below:

  • Durable power of attorney – This type of POA remains valid even if you later become mentally or physically incapacitated. People often wait until it’s too late, and a mental or physical disability has occurred that prevents making a valid POA. By making a durable power of attorney now, you can avoid the necessity of an expensive and time-consuming guardianship procedure in court. To create a durable power of attorney form, it must state that it’s nor intended to be affected by your subsequent incapacity. Alternatively, it must state that it’s to take effect only upon your incapacity.
 
  • This latter type that takes effect later, rather than being effective upon signing, is called a springing power of attorney form. If you state that the form isn’t effective unless and until you’re incapacitated, you should name someone, such as a doctor, who is required to make a written determination that you are incapacitated. This can avoid future disputes and challenges to your agent’s authority. 12 Del. C. § 49A-104, 12 Del. C. § 49A-109
 
  • Signatures – You must sign and date your POA form, but if you’re unable, you can instruct another person to sign your name in your presence. You must also have a witness sign it. You witness must be an adult who’s not related to your by blood, marriage or adoption, and isn’t named in your will or its codicil to inherit any part of your estate. You and the witness must sign in front of a notary public and have the form notarized.12 Del. C. § 49A-105
 
  • Statutory notice – The Delaware Code contains an advisory notice that should be included at the top of the form. By including this notice, the agent will avoid having to prove its validity if someone ever challenges his or her authority. 12 Del. C. § 49A-105
 
  • Revocation – You may revoke your power of attorney at any time you wish to, as long as you’re not incapacitated. Creating a new POA won’t revoke a prior one unless you state that it does. The form will be automatically terminated when you die, or if it contains terms for termination, or its purpose has been accomplished. An agent’s authority will also terminate if the agent dies, resigns, or becomes incapacitated. If you name a spouse as your agent, the form will be terminated if an action for divorce or annulment is filed, unless you state otherwise in the form. 12 Del. C. § 49A-110
 

Power of Attorney Forms Available for Instant Download or by Mail.

    General and Statutory Power of AttorneyWhat is a General Power of Attorney?A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate.

    » General Durable Power of Attorney for Property and Finances Effective upon Disability

    » General Durable Power of Attorney for Property and Finances Effective Immediately

    » Delaware Statutory Power of Attorney

    Living Will and Health Care Power of AttorneyLiving Will and Health Care Power of AttorneyA Health Care Power of Attorney is a legal document that allows an individual to designate another person to make medical decisions for him or her when he or she cannot make decisions for himself or herself. In other words it names someone who stands in your shoes and tells the doctors what to do or what not do for you.

    A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A terminal illness is a fatal illness that leads ultimately to death. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patient�s life being artificially prolonged by various medical procedures. Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will.

    » Statutory Advance Health Care Directive - Health Care, Standby Guardian and Living Will Provisions

    Child Care Power of Attorney


    » General Power of Attorney for Care and Custody of Child

    Limited or Special or Vehicle Power of AttorneyWhat is a Limited or Special or Vehicle Power of Attorney?A Limited power of attorney is one which is limited to a specific act or particular purpose. It is also referred to as special power of attorney. A limited power of attorney allows the Principal to give only specific powers to the agent.

    » Special or Limited Power of Attorney for Real Estate Sales Transaction By Seller

    » Special or Limited Power of Attorney for Real Estate Purchase Transaction by Purchaser

    » Limited Power of Attorney where you Specify Powers with Sample Powers Included

    » Limited Power of Attorney for Stock Transactions and Corporate Powers

    » Special Durable Power of Attorney for Bank Account Matters

    » Power of Attorney for Sale of Motor Vehicle

    Other Power of Attorney Forms

    » Statutory Uniform Anatomical Gift Act Donation by an Individual

    » Statutory Uniform Anatomical Gift Act Donation by Next of Kin or Other Authorized Person

    » Statutory Uniform Anatomical Gift Act Donation by a Living Minor

    » Revocation of General Durable Power of Attorney

    » Revocation of Statutory Advance Health Care Directive

    » Revocation of Power of Attorney for Care of Child

    » Revocation of Uniform Anatomical Gift Donation Declaration

Need Multiple Forms? - Buy a Package and Save!

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      » The Personal Planning Package contains essential life documents, information on how to organize life documents and other products.

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    • Delaware Power of Attorney Package

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      » This Power of Attorney Package contains Power of Attorney forms that allow you to make decisions about your finances, healthcare, and the care of minor children.

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    • Essential Legal Documents for New Parents in Delaware

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      » This package contains essential legal documents for New Parents who desire to address important changes in their Legal Life with the addition of a child.

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