Delaware Durable Personal Power of Attorney

Financial and property authority continues through incapacity unless otherwise stated; effective timing is selected in the form.

Jurisdiction
Delaware
Purpose
Durable financial
Source / form version
Current §49 A-301 statutory text
Resource format
PDF
Signing
Principal signs and dates before a notary and one qualified adult witness; agent must sign the statutory certification before exercising authority.
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Sources checked: 2026-11-13. General information, not individual legal advice.

The statutory packet

Delaware’s complete statutory form includes a notice for the principal, the appointment, choices about powers, an execution section, information for the agent, and the agent’s certification. Keep every part. The notice has its own principal signature and date, separate from the later execution of the appointment.

Sources: [1] [2] [3]

Choose how the appointment operates

The form distinguishes a single agent with successors, concurrent agents who may act independently, and joint agents who must act together. Select the arrangement you intend. General powers and sensitive specific powers use separate choices. Gifts, trust changes, and beneficiary changes deserve individual attention because they can affect your property and estate plan.

Sources: [1] [2] [3]

Complete both sides of the appointment

A witness must meet Delaware’s restrictions, including relationship and estate-interest restrictions; the notary and witness are different roles. The agent’s certification is not optional permission to skip the principal’s formalities. Before acting, each agent should understand the document and complete the required certification. Give a complete executed copy to institutions that will need to recognize the appointment.

Sources: [1] [2] [3]

Common questions

Can this form appoint a health care agent?

No. The statutory notice excludes health care decisions. Use a separate advance health-care directive.

Sources: [2] [1]

Related forms and guides

Sources and verification

  1. Delaware General Assembly: source and instructions (opens in a new tab)
  2. Signing and legal requirements (opens in a new tab)
  3. Authority and statutory guidance (opens in a new tab)

The complete cited statutory form was checked against this printable edition. All substantive words are preserved; blanks and pagination are reformatted. No independent attorney review is claimed.

The date above records a source check. It does not certify that a form is suitable for your circumstances or that an attorney has reviewed your document. Read the publisher’s current instructions before use.