Power of attorney in Delaware: form, signing and powers
The form, the signing rules, durable or not, and what an agent can do in Delaware, from Delaware law.
Checked against official sources: October 31, 2026.
Short answer
Durable Personal Powers of Attorney Act
- How to sign
- Notarized and signed in front of one witness
- Durable unless it says otherwise?
- No: it continues after incapacity only if it says so.
- Uniform Power of Attorney Act
- No
Words used in Delaware
In Delaware you name an agent for money and property in a durable personal power of attorney, and an agent for health care in a power of attorney for health care, which is part of an advance health-care directive. Your treatment wishes are a 'health-care instruction'. If an adult cannot manage and has no plan, the Court of Chancery can appoint a guardian of the person, of the property, or both.
An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.
- Money and property
- Durable personal power of attorney
- The person you choose
- Agent (also called attorney-in-fact)
- Health care
- Advance health-care directive, including a power of attorney for health care
- Treatment wishes
- Health-care instruction
- Court-appointed decision-maker
- Guardian of the person and/or guardian of the property of a person with a disability (Court of Chancery)
Law and official form
- Law
- Durable Personal Powers of Attorney Act
- Uniform Power of Attorney Act
- No
- Official form
- Statutory Form Durable Personal Power of Attorney and Agent's Certification (12 Del. C. § 49A-301)Published by Delaware Code Online
You do not have to use it.
You do not have to use the statutory form, and a business may not refuse a notarized power of attorney only because it differs from the statutory form. The form includes a witness statement and a notary certificate.
Law: 12 Del. C. §§ 49A-101, 49A-106; 12 Del. C. §§ 49A-120(a)(3), 49A-301
Signing rules
- How to sign
Sign and date the durable personal power of attorney in front of a notarial officer AND one qualified adult witness. Before acting, the agent must sign the Agent's Certification attached to it.
- Who signs
Signed by you, or by another person signing your name in your presence and at your express direction. It must be in writing and dated.
- Notary
- Required
- Witnesses
- 1
- Who cannot witness
You need one adult witness in addition to the notary. The witness cannot be related to you by blood, marriage or adoption, and cannot be entitled to any part of your estate under your current will, codicil or trust.
- Agent's acknowledgment
Required. The agent has no authority to act until they sign and attach an Agent's Certification in substantially the statutory form, acknowledging their duties. A signed 'Notice' to the principal at the beginning is optional, but without it the agent has the burden of proving the power of attorney is valid if challenged.
Law: 12 Del. C. § 49A-105
Durable and springing
- Is it durable?
A power of attorney is durable only if it contains words such as 'This power of attorney shall not be affected by the subsequent incapacity of the principal' or 'This power of attorney shall become effective upon the incapacity of the principal,' or similar words.
Law: 12 Del. C. § 49A-104
- Durable unless it says otherwise?
- No: it continues after incapacity only if it says so.
- Starting later (springing)
A personal power of attorney is effective when signed unless it says it starts at a future date or event. You can name people to decide in writing that the event has happened. If it starts on incapacity and no one you named decides, a physician or the Court of Chancery can determine incapacity in writing.
Law: 12 Del. C. § 49A-109
What an agent can and cannot do
- Needs express permission
- Create, amend, revoke or terminate a living (inter vivos) trust
- Make a gift
- Create or change rights of survivorship
- Create or change a beneficiary designation
- Delegate authority (when all successor agents are unable or unwilling to serve)
- Exercise fiduciary powers you can delegate
- Reject, renounce, disclaim or release a share of an estate, trust or other beneficial interest
- Exercise fiduciary rights over your digital assets and accounts
- No power of attorney can
A durable personal power of attorney does not give health-care decision authority; powers of attorney for health care are governed by a separate law.
Law: 12 Del. C. § 49A-103(a)(4), § 49A-105(b) notice
Law: 12 Del. C. § 49A-201(b)
Agent duties, pay and court review
- Agent duties
- Act according to your reasonable expectations if known, and otherwise in your best interest
- Act in good faith and only within the authority the document gives
- Keep in regular contact with you when reasonably practicable
- Act loyally and avoid conflicts of interest
- Act with care, competence and diligence
- Keep a record of all receipts, payments and transactions
- Cooperate with your health-care decision-maker
- Not act inconsistently with your testamentary plan
- Agent pay
The agent is entitled to reimbursement of reasonable expenses, but to compensation only if the power of attorney provides for it and the amount is reasonable.
Law: 12 Del. C. § 49A-112
- Asking a court to review an agent
You, the agent, your spouse, child or parent, a guardian or other fiduciary, your estate's personal representative or beneficiary, a person asked to accept the power of attorney, or another interested person (meeting conditions) can petition the Court of Chancery to decide whether it is in effect, compel an accounting, modify or revoke the agent's powers, or compel acceptance. If you have capacity, the court must dismiss the petition on your motion.
Law: 12 Del. C. § 49A-116
Law: 12 Del. C. § 49A-114
When it ends and how to revoke it
Official forms in Delaware
Forms published by the state or its courts. You open them on the official site.
Financial power of attorney
- Statutory Form Durable Personal Power of Attorney and Agent's Certification (12 Del. C. § 49A-301) · Published by Delaware Code Online
Health care directive
- Advance Health-Care Directive (Division of Services for Aging and Adults with Physical Disabilities form; optional form in 16 Del. C. § 2511) · Published by Delaware Department of Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities · Version: PDF file dated 9.14.26 (Delaware Uniform Health-Care Decisions Act, effective September 30, 2025)
Guardianship / conservatorship
Good to know in Delaware
- Delaware requires BOTH a notary and one witness for a durable personal power of attorney, and the agent must sign an Agent's Certification before acting.
Law: 12 Del. C. § 49A-105
- A Delaware power of attorney is not durable unless it says so.
Law: 12 Del. C. § 49A-104
- Since September 30, 2025, Delaware follows the Uniform Health-Care Decisions Act (2023): one witness for a health-care power of attorney, witnesses can join by video or phone, and a broad default-surrogate list.
Law: 16 Del. C. ch. 25
- An agent is paid only if the power of attorney says so.
Law: 12 Del. C. § 49A-112
Changes in 2024–2026
84 Del. Laws c. 467 enacted the Uniform Health-Care Decisions Act (2023) as 16 Del. C. ch. 25, applying from September 30, 2025. 85 Del. Laws c. 253, c. 462 and c. 90 later amended §§ 2504, 2511 and 2527. Court of Chancery fee schedule effective June 14, 2024. No 2024-2026 amendments to 12 Del. C. ch. 49A appear in the session-law notes.
Source: new optional form, one-witness rule, default surrogates, mental health directives
Free help in Delaware
- Community Legal Aid Society, Inc. (CLASI) Elder Law Program
- Court of Chancery: Guardianship
- Court of Chancery: Guardianship forms
- DSAAPD: Advance directives (forms, DMOST, supported decision-making)
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Adult Protective Services, Division of Services for Aging and Adults with Physical Disabilities (DHSS) · 1-888-277-4302
Questions about powers of attorney in Delaware
What is a power of attorney called in Delaware?
Durable personal power of attorney. In Delaware you name an agent for money and property in a durable personal power of attorney, and an agent for health care in a power of attorney for health care, which is part of an advance health-care directive. Your treatment wishes are a 'health-care instruction'. If an adult cannot manage and has no plan, the Court of Chancery can appoint a guardian of the person, of the property, or both.
Does a power of attorney have to be notarized in Delaware?
Sign and date the durable personal power of attorney in front of a notarial officer AND one qualified adult witness. Before acting, the agent must sign the Agent's Certification attached to it.
Is there an official power of attorney form in Delaware?
Statutory Form Durable Personal Power of Attorney and Agent's Certification. You do not have to use it.