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

The date on the document you signed. If you are not sure, use your best estimate.

These names go into your letter only. They are never saved or sent to us.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

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

Report abuse or exploitation

Adult Protective Services, Division of Services for Aging and Adults with Physical Disabilities (DHSS) · 1-888-277-4302

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