Delaware Power of Attorney Forms

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General and Statutory Power of Attorney Forms

Living Will and Health Care Power of Attorney Forms

Child Care Power of Attorney

Limited or Special or Vehicle Power of Attorney

Other Power of Attorney Forms

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Power of Attorney Laws for Delaware

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

General Power of Attorney

Q: What 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.

Living Will and Health Care Power of Attorney

Q: What is a Living Will and Health Care Power of Attorney?

A: A 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 patientís 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.

Limited or Special Power of Attorney?

Q: What is a limited or special power of attorney?

A: 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.

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