Power Of Attorney requirements in Delaware
- You must be at least 18 years old and of sound mind to create a power of attorney.
- Choose an agent you trust—someone who will act in your best interest. You can name multiple agents or a successor.
- The POA form must be signed by you (the principal) in the presence of a notary public.
- In Delaware, your agent must sign the document as well, acknowledging their acceptance of the role.
- No witnesses are required for a financial POA, but a notary is mandatory for real estate transactions.
- For a medical power of attorney, you may need to have the form witnessed by two adults, one of whom is not related to you (check current rules).
Ready to set up your power of attorney? Start by downloading a Delaware POA form and get it notarized today.
Create your power of attorneyHow to create a Power Of Attorney in Delaware, step by step
- Decide on the type of POA: general, limited, durable, or medical. Durable remains in effect if you become incapacitated.
- Download a Delaware-specific power of attorney form from the state's official website or consult an attorney.
- Fill out the form with your name, your agent's name, and the specific powers you grant (e.g., real estate, banking, healthcare).
- Sign the form in front of a notary public. For medical POA, also arrange for required witnesses.
- Ask your agent to sign and date the form to accept their duties.
- Keep the original in a safe place and give copies to your agent, your bank, and your doctor.
Cost considerations
Creating a power of attorney in Delaware can cost as little as $50 if you use an online service, or you can find free basic forms through legal aid. Hiring an attorney may cost between $200 and $500, but it ensures your document meets all state rules. Notarization usually costs $5–$10 per signature.
Delaware POA: Before You Begin
Gather these essentials and understand Delaware's execution rules to make your power of attorney valid and effective.
- Decide on the type: general, limited, or durable (the latter remains effective if you become incapacitated), plus whether it's for financial or medical matters.
- Choose a trusted agent and a backup; ensure they are at least 18 and willing to serve. Name specific powers you want to grant.
- Have a notary public available: Delaware requires your POA to be signed in the presence of a notary (and two witnesses for a medical POA).
- Prepare your identification (driver's license or passport) and ensure the document includes your name, your agent's name, and a clear statement of authority.
- For real estate transactions, the POA must be recorded in the county where the property is located (Recorder of Deeds office).
- Avoid common pitfalls: don't use a generic form without Delaware-specific notary/witness language, and don't forget to communicate with your bank or institution about accepting the POA.
Common questions
What is the difference between a durable power of attorney and a regular one in Delaware?
A durable power of attorney stays valid even if you become incapacitated, while a regular POA ends if you lose capacity. If you want your agent to manage your affairs if you become seriously ill or injured, choose a durable POA.
Do I need to file my power of attorney with the state of Delaware?
No, you don't have to file a POA with any state agency. Just keep it with your important papers. However, if your agent needs to handle real estate, they must record the POA with the county recorder's office where the property is located.
Can I make my own power of attorney without a lawyer in Delaware?
Yes, you can use a self-prepared form. Delaware allows you to create a POA yourself, as long as it's notarized and your agent signs. However, having an attorney review it can help avoid legal issues later.
Is a medical power of attorney the same as a living will in Delaware?
No. A medical power of attorney lets you appoint someone to make healthcare decisions for you, while a living will spells out your wishes for end-of-life treatment. Many people have both to cover all bases.