The Delaware durable power of attorney grants specific powers to an entrusted agent with regard to a principal’s financial matters. The principal should appoint an agent (or “attorney-in-fact”) that they trust completely, such as a relative, close friend, or business partner. The durable power of attorney allows the principal to transfer all financial matters to their agent or a select few that they would like them to handle. This document remains valid until the principal’s death (unless they choose to terminate it), even in the event of their incapacitation.
Agent’s Duties – § 49A-114
Signing Requirements (§ 49A-105) – Notary Public and One (1) Witness
Statutory Form – § 49A-301
Statute – § 49A-102(2)
“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity, and satisfying the requirements set forth in § 49A-104 of this title.