Power of Attorney in Delaware
State-specific overview · Estate & Probate
Delaware recognizes both statutory and non-statutory powers of attorney; durable powers require explicit language to survive incapacity.
How Delaware treats Power of Attorney
Delaware allows powers of attorney in statutory form or any other form that meets general requirements, provided the document is signed and notarized. To make a power of attorney durable—meaning it survives your incapacity—you must include explicit language stating that intent. Delaware law permits you to grant immediate or springing powers of attorney and allows you to name successor agents if your first agent cannot serve.
The general definition of Power of Attorney
A legal document authorizing someone to act on your behalf in financial or medical decisions.
A power of attorney is a document you sign giving another person (called an agent or attorney-in-fact) the authority to make decisions and sign documents for you. You can make it broad (covering all financial matters) or narrow (only for selling a specific property). It takes effect immediately or only if you become incapacitated, depending on what you choose.
Read the full Power of Attorney entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.