What the rule says
Delaware adopted the Personal Powers of Attorney Act effective October 1, 2010, codified at Del. Code tit. 12, § 49A-101 et seq. Delaware's framework is a modified version of the Uniform Power of Attorney Act with Delaware-specific provisions.
Durability
A Delaware POA is durable when the document expressly states the principal's intent for the POA to continue during incapacity. Delaware's framework is similar to UPOAA in operation but maintains specific Delaware execution and procedural requirements.
Specific powers
Under Delaware's framework, certain significant powers (gifts, beneficiary changes, trust modifications) typically require express authorization in the POA.
Third-party acceptance
Delaware law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid Delaware POA must be:
- Signed by the principal - Acknowledged before a notary public - Witnessed by one disinterested adult (specific Delaware requirement)
Healthcare advance directive is separate
Delaware separates property and healthcare frameworks. Healthcare decisions require a separate Delaware Advance Health Care Directive under Del. Code tit. 16, § 2503.
What happens without a POA
If a Delaware resident becomes incapacitated without an executed durable POA, the family must seek guardianship under Del. Code tit. 12, § 3901 et seq.
What you can do about it
For Delaware residents:
- Execute a Delaware POA with express durability language. - Comply with Delaware's specific witness requirement. - Acknowledge before a notary. - Specifically grant any significant powers. - Designate a successor agent. - Coordinate with the Advance Health Care Directive. - Update older POAs.
Who this affects most
Delaware's POA framework is most consequential for Delaware adults without executed POAs.