The Delaware durable power of attorney form is designed to provide a resident of the State with the ability to transfer power of attorney to an agent. The authority granted will enable said agent to act on behalf of the principal, representing them in financial decisions and in managing a portion or the entirety of their estate. The durable nature of the document makes it so that when the principal becomes incapacitated, the assigned agent will be able to continue operating as their representative. In fact, it is often the case that the agent will only be provided with the power of attorney following the principal’s incapacitation. Such a discrepancy can be defined within the POA form.
“Durable” Definition – § 49A-102
Laws – Chapter 49A. Durable Power of Attorney Act
Signing Requirements – The document must be signed in the presence of a notary public and one (1) witness who must also sign (§ 49A-105).