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Delaware Statutory Personal Durable Power of Attorney - Delaware

Delaware Statutory Personal Durable Power of Attorney - Delaware 2025

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The document is a Durable Personal Power of Attorney form that allows a Principal to designate an Agent to manage their property and financial affairs. It outlines the powers granted to the Agent, which can include selling or encumbering property, while specifying that the Agent cannot make healthcare decisions. The authority continues even if the Principal becomes incapacitated unless revoked. The document emphasizes the importance of selecting a trustworthy Agent and provides legal references for further understanding.

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Does a durable power of attorney need to be notarized in Delaware?

You should make sure that whoever you choose to serve as your agent through a POA is someone you trust and who knows and will respect your wishes. It is very important that the POA meet all statutory requirements, including having an agent certification, notarization, and witnesses.

Does a POA need to be notarized in Delaware?

A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. The POA is required to have a notary regardless if signature is electronic or wet. All pages must be signed and notarized.

What is the difference between a statutory POA and a durable POA?

Statutory Powers of Attorney are documents that are brought up through the laws of your state, i.e. the legislature, and give powers through those laws that the legislature passes. A Durable, or Common Law, Power of Attorney is based upon what is called case law, or the law of the court system.

What is a statutory power of attorney in Delaware?

A Delaware durable statutory power of attorney form allows a person to choose another person to legally handle their financial affairs. A durable power of attorney continues in effect even if the principal (person assigning powers) is declared incompetent and unable to handle his or her own financial affairs.

How to give someone power of attorney in Delaware?

For your POA to be valid in Delaware, it must meet certain requirements. Mental Capacity for Creating a POA. Notarization and Witnessing Requirement. Signed Notice. Agent Signature. Create the POA Using a Form, DIY Program, or Attorney. Sign the POA in the Presence of a Notary Public and a Witness.

What is the difference between a durable power of attorney and a personal representative?

Purpose: A Power of Attorney is often used for incapacity planning or to facilitate decision making during the individuals lifetime, while a PR is appointed to handle the affairs of a deceased individuals estate after their death.

What is a durable power of attorney in Delaware?

Durable Power of Attorney Living Will The power can pass to the agent immediately or it can become effective only in the event the individual becomes incapacitated or disabled. A Durable Personal Power of Attorney is durable because it is designed to survive the incapacity of the principal.

Can a notary be a witness on a durable power of attorney?

The witness generally must be 18 years of age, and CANNOT be one of the following; the agent, the notary, any relative by blood, adoption, or marriage, or a third party who has plans to interact with the agent. The witness must have mental capacity and cannot be someone who will benefit from the POA.

Delaware Statutory Personal Durable Power of Attorney - Delaware 2025

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Does a durable power of attorney need to be notarized in Delaware?

Does a POA need to be notarized in Delaware?

What is the difference between a statutory POA and a durable POA?

What is a statutory power of attorney in Delaware?

How to give someone power of attorney in Delaware?

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What is the difference between a durable power of attorney and a personal representative?

What is a durable power of attorney in Delaware?

Can a notary be a witness on a durable power of attorney?

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Delaware Statutory Personal Durable Power of Attorney - Delaware 2025

Here's how it works

How to modify Delaware Statutory Personal Durable Power of Attorney - Delaware online

Complete this form in 5 minutes or less

Got questions?

Does a durable power of attorney need to be notarized in Delaware?

Does a POA need to be notarized in Delaware?

What is the difference between a statutory POA and a durable POA?

What is a statutory power of attorney in Delaware?

How to give someone power of attorney in Delaware?

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What is the difference between a durable power of attorney and a personal representative?

What is a durable power of attorney in Delaware?

Can a notary be a witness on a durable power of attorney?

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