Delaware Power of Attorney Forms

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Delaware Power of Attorney Forms

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Last updated September 27th, 2023

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Delaware power of attorney forms are used to appoint an attorney-in-fact that will be authorized to manage certain affairs for another person (known as the “principal”). These affairs vary from financial matters to health care decisions to real estate transactions and vehicle ownership transfers. Some powers of attorney are temporary, as with a vehicle transfer, while others will be valid for the duration of the principal’s life. For this reason, the principal should select an attorney-in-fact that they trust to hold their best interests in mind, especially when creating a long-term power of attorney.

By Type (8)

  1. Advance Directive
  2. Durable
  3. General
  4. Limited
  5. Motor Vehicle (MV-386)
  6. Minor (Child)
  7. Real Estate
  8. Tax (Form 2848)

Advance Directive – A combination living will and medical power of attorney form that allows the principal to communicate medical treatment choices to medical staff as well as name a health care agent to make decisions for them.

Download: Adobe PDF
Signing Requirements (§ 2503(b)(1)d): Two (2) Witnesses

 

Durable Power of Attorney – Used by a principal to establish a financial power of attorney that endures in the event of their incapacitation.

Download: Adobe PDF
Signing Requirements (§ 49A-105): Notary Public and One (1) Witness

 

General (non-durable) Power of Attorney – Executed for the purpose of appointing an agent to manage one’s financial affairs; this form becomes void if the principal loses the capacity to make their own decisions.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements: (§ 49A-105): Notary Public and One (1) Witness

 

Limited Power of Attorney – Used to authorize an attorney-in-fact to complete a specific task or set of tasks for the principal. This power of attorney often remains in effect for a shorter period of time than other POA forms.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 49A-105): One (1) Witness and Notary Public

 

Motor Vehicle (MV-386) Power of Attorney – Allows an authorized representative to represent the owner of a vehicle when transferring ownership of said vehicle.

Download: Adobe PDF
Signing Requirements: Notary Public

 

Minor (Child) Power of Attorney – Used to temporarily transfer guardianship from a child’s parents to an appointed attorney-in-fact.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements: (§ 49A-105): One (1) Witness and Notary Public

 

Real Estate Power of Attorney – Allows an agent (often a registered realtor) to carry out real estate transactions on the principal’s behalf.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 49A-105(a)(4) and (5)): One (1) Witness and Notary Public

 

Tax (Form 2848) Power of Attorney – Grants an attorney-in-fact to handle a person’s tax filings or a portion of their tax affairs.

Download: Adobe PDF
Signing Requirements: Taxpayer and Representative(s)