Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
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Updated August 3, 2026. Quick answer: Must be dated, signed by the principal, signed in the presence of a notarial officer, AND signed in the presence of one adult witness who is not related to the principal by blood, marriage, or adoption and not entitled to any portion of the principal’s estate under the principal’s then existing will, codicil, amendment, or trust instrument. This state puts a form in its statute. A power of attorney here must say it is durable, or it ends at incapacity — which is the moment it was written for.
Putting a loan in writing? The interest limit, the signing rules and the time limit to sue, from the state’s own statutes: Delaware promissory note.
| Execution | Must be dated, signed by the principal, signed in the presence of a notarial officer, AND signed in the presence of one adult witness who is not related to the principal by blood, marriage, or adoption and not entitled to any portion of the principal’s estate under the principal’s then existing will, codicil, amendment, or trust instrument. |
| Statutory form | Yes — 12 Del. C. § 49A-301 |
| Durability | Must say it is durable |
| Who may not witness | a person related to the principal by blood, marriage, or adoption, or a person entitled to any portion of the principal’s estate under the principal’s then existing will, codicil, amendment, or trust instrument (per 12 Del. C. § 49A-105(a)(5)) |
| Agent must accept in writing | No |
| Statute | 12 Del. C. Chapter 49A (“Durable Personal Powers of Attorney Act”) |
Delaware power of attorney form: what the statute says
Each line is quoted from the Delaware statute itself.
- Execution. 12 Del. C. 49A-105(a): “A personal power of attorney must be: (1) In writing; (2) Signed by the principal or by another person subscribing the principal’s name in the principal’s presence and at the principal’s express direction; (3) Dated; (4) Signed in the presence of a notarial officer…”
- Witnesses. 12 Del. C. 49A-105(a)(5): “(5) Signed in the presence of 1 adult witness who is neither: a. Related to the principal by blood, marriage, or adoption; nor b. Entitled to any portion of the estate of the principal under the principal’s then existing will or codicil or amendment thereto or trust instrument.”
- Recording for real estate. 25 Del. C. 171: “A letter of attorney to sell or dispose of lands, tenements or hereditaments, or to acknowledge a deed concerning lands, tenements or hereditaments, may be acknowledged or proved, and the acknowledgment or proof certified, as prescribed in this chapter in respect to the acknowledgment or proof of a deed.”
- Statutory form. 12 Del. C. 49A-301: “DURABLE PERSONAL POWER OF ATTORNEY FORM NOTICE…”
Settling the estate is a separate cost: Delaware Probate Cost 2026.
What decides whether the document is valid
Must be dated, signed by the principal, signed in the presence of a notarial officer, AND signed in the presence of one adult witness who is not related to the principal by blood, marriage, or adoption and not entitled to any portion of the principal’s estate under the principal’s then existing will, codicil, amendment, or trust instrument. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: a person related to the principal by blood, marriage, or adoption, or a person entitled to any portion of the principal’s estate under the principal’s then existing will, codicil, amendment, or trust instrument (per 12 Del. C. § 49A-105(a)(5)). This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
The statutory form
Delaware sets out a form in its statute at 12 Del. C. § 49A-301, but does not publish a free ready-to-use copy. Using the statutory form generally means transcribing it from the statute.
If the free form does not fit your situation
This state puts a form in its statute but does not publish a free filled-in copy, so you are transcribing statutory text either way. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. For a complex estate or a likely family dispute, a lawyer is the better route.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Durability — the point most people get wrong
Here a power of attorney must state that it is durable. Without that language it ends exactly when incapacity begins — which is the situation it was almost certainly written for. This is the single most consequential drafting point in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Delaware addresses this by statute: Yes, in substance: 12 Del. C. § 49A-120 provides for a court order compelling acceptance and liability for damages, including reasonable attorney’s fees and costs, for wrongful refusal – but no specific numeric deadline for the third party’s initial response was found in the summary reviewed (may exist and was not fully confirmed).
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.