How to revoke a power of attorney in Delaware
What Delaware law says about revoking a power of attorney, and a free letter you can fill in and print.
Checked against official sources: October 31, 2026.
Short answer
You can revoke a durable personal power of attorney, or a particular agent's authority. The Act does not prescribe a method. Signing a new power of attorney does not revoke an older one unless the new one says so.
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)
What Delaware law says about revoking a power of attorney
- How to revoke
You can revoke a durable personal power of attorney, or a particular agent's authority. The Act does not prescribe a method. Signing a new power of attorney does not revoke an older one unless the new one says so.
- Telling others
Tell the agent and every business that has the power of attorney. An agent or business that acts in good faith without actual knowledge of the revocation is protected. Notice of revocation to an officer of a bank or other financial institution counts as notice to all its employees.
Law: 12 Del. C. §§ 49A-110, 49A-119(e)
Source: Official text
Free letter: revoke a power of attorney
When it ends and how to revoke it
- It ends when
- You die
- You revoke it
- An ending event in the document happens
- Its purpose is accomplished
- The agent dies, becomes incapacitated, resigns or is revoked and no other agent is named
- The Court of Chancery revokes it
- An action is filed to dissolve or annul your marriage to the agent, unless the document says otherwise
- A court appoints a guardian and gives the guardian the same powers
- Banks and other businesses
A person must accept a notarized (acknowledged) personal power of attorney written in English or translated under oath, and cannot demand a different form or refuse only because it differs from the statutory form. Refusal is allowed only for listed reasons (for example, actual knowledge it is invalid or revoked, or a good faith report of suspected abuse). A wrongful refusal can lead to a court order and liability for damages, attorneys' fees and costs.
Law: 12 Del. C. §§ 49A-119, 49A-120
Law: 12 Del. C. §§ 49A-108(a), 49A-110
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