Signing checklist for Delaware

The signing steps in Delaware law, step by step. Pick your documents to see them.

Checked against official sources: October 31, 2026.

Short answer

This checklist lists the signing rules in Delaware law. It does not check whether your document is valid.

Choose your form Statutory Form Durable Personal Power of Attorney and Agent's Certification. 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. Official text
Law: 12 Del. C. §§ 49A-120(a)(3), 49A-301
Sign it 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.
Law: 12 Del. C. § 49A-105
Notary or witnesses 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.
Law: 12 Del. C. § 49A-105
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.
Law: 12 Del. C. § 49A-105
The agent signs too 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

Choose your form Advance Health-Care Directive. You do not have to use it. Official text
Law: 16 Del. C. § 2511
Sign it Signed by you.
Law: 16 Del. C. §§ 2507, 2508(d), (e)
Notary or witnesses If you name an agent, sign the power of attorney for health care with one qualified adult witness. A health-care instruction on its own does not need a witness under the statute.
Law: 16 Del. C. §§ 2507, 2508(d), (e)
Who cannot witness A power of attorney for health care needs one adult witness who reasonably believes you are acting voluntarily and knowingly. The witness cannot be your agent or your agent's spouse, domestic partner or cohabitant. If you live or get care in a nursing home or long-term care facility, the witness cannot be its owner, operator, employee or contractor.
Law: 16 Del. C. §§ 2507, 2508(d), (e)
If you sign electronically The witness can be present in person, by real-time audio-video, or by real-time audio if the witness knows you or can confirm your identity. An advance health-care directive or its revocation cannot be denied effect just because it is electronic.
Law: 16 Del. C. §§ 2507, 2508(d), (e)
If you live in a nursing facility In a nursing home or long-term care facility, the facility's owner, operator, employees and contractors cannot be your witness.
Law: 16 Del. C. §§ 2507, 2508(d), (e)

Give copies to the right people Keep the signed documents in a safe place and give copies to your health care proxy and your doctors. Some states have registries that store an advance directive for doctors and your proxy.

This checklist lists the signing rules in Delaware law. It does not check whether your document is valid.