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

Laws – Title 12: Chapter 49 (Durable Powers of Attorney) and Chapter 49A (Durable Personal Powers of Attorney Act)

Signing Requirements (§ 49A-105) – Notary Public and One (1) Witness

Statutory Form – § 49A-301

State Definition

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.