Delaware Power of Attorney Requirements
Delaware’s Durable Personal Powers of Attorney Act (12 Del. C. § 49A-101 et seq.) sets how a personal Power of Attorney is signed, what makes it durable, and what an agent must do before acting. Here are the essentials in plain English, each linked to the official Delaware Code.
Based on Delaware Durable Personal Powers of Attorney Act, 12 Del. C. § 49A-101 et seq.. Reviewed October 2026. Education, not legal advice — Delaware’s requirements are set by state law and can change, so confirm them with an official Delaware source or a licensed attorney.
Preparing to serve—or already serving—in Delaware?
The National Handbook explains the responsibilities. The National Workbook helps you organize the work. Use the Delaware information below to explore requirements, official sources, and available resources.
Requirements depend on your documents and applicable law. Confirm current information with official sources or a qualified professional in your state.
Where is Delaware’s Power of Attorney law?
Delaware’s personal Power of Attorney law is the Durable Personal Powers of Attorney Act, 12 Del. C. chapter 49A, for Powers of Attorney signed on or after October 1, 2010. It includes an optional statutory form, the Durable Personal Power of Attorney (§ 49A-301).
How does a Delaware Power of Attorney have to be signed?
Under 12 Del. C. § 49A-105, a personal Power of Attorney must be in writing, dated and signed by the principal (or by another person in the principal’s presence at the principal’s express direction), signed in the presence of a notarial officer and in the presence of one adult witness. The witness may not be related to the principal by blood, marriage or adoption, or entitled to any part of the principal’s estate.
Does a Delaware agent have to sign anything before acting?
Yes. Under 12 Del. C. § 49A-105(c), the agent has no authority to act under a personal Power of Attorney until the agent signs the Agent’s Certification required by the statute.
Is a Delaware Power of Attorney durable?
Only if it says so. Under 12 Del. C. § 49A-104, a personal Power of Attorney is durable when it contains words such as “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or similar words. The statutory form is a durable form.
When does a Delaware Power of Attorney take effect?
Under 12 Del. C. § 49A-109, a Power of Attorney is effective when signed unless it says it becomes effective at a future date or on a future event, such as incapacity. The statute explains how incapacity is determined if the document does not name someone to decide.
What does a Delaware agent have to do?
Under 12 Del. C. § 49A-114, unless the document says otherwise, the agent must keep a record of all receipts, disbursements and transactions made for the principal and keep in regular contact with the principal where reasonably practicable. The principal, a guardian, a conservator and certain others can request disclosure, and certain people may ask the Court of Chancery to review the agent’s conduct (§ 49A-116).
How is a Delaware advance health-care directive signed?
Since September 30, 2025, Delaware’s Uniform Health-Care Decisions Act (16 Del. C. chapter 25) governs advance health-care directives. Under § 2508, a power of attorney for health care is signed by the individual and by one adult witness. The witness may not be the named agent, the agent’s spouse, domestic partner or cohabitant, or (for someone in a nursing home or long-term care facility) the facility’s owner, operator, employee or contractor. Directives made earlier remain valid if they met the law at the time.
16 Del. C. chapter 25 ↗Delaware DSAAPD: Advance directives ↗
This summary is educational and may not reflect the most current law — verify against the current statutes or with a Delaware attorney before relying on it.
The universal rules of the role
The exact forms, witnessing, and notarization rules change from state to state — those are in Delaware’s essentials above.But the heart of the role is the same everywhere in the U.S. Here’s what always applies.
Your duties as an agent
Every decision is for the principal, never for you. This is the core legal duty of an agent, everywhere.
Never mix the principal’s funds with your own. Use their accounts for their expenses, and don’t borrow or lend to yourself.
Track every transaction, receipt, and major decision. Good records protect the principal — and protect you if anyone ever asks.
You can only do what the Power of Attorney actually authorizes. If it isn’t granted in the document, you don’t have the authority.
Follow what they’d want, preserve their existing estate plan where you can, and avoid anything that benefits you at their expense.
What a Power of Attorney can’t do
A Power of Attorney works only while the principal is alive. The moment they pass, it ends and the will and executor (or trustee) take over.
An agent cannot make or rewrite the principal’s will, and generally can’t change beneficiary designations unless the document specifically allows it.
Powers not written into the document — like making gifts or changing accounts — usually aren’t allowed. When in doubt, it’s probably not authorized.
When you sign correctly as the agent (not personally), you’re acting for them — you don’t take on their debts by serving.
How to sign as an agent
Always sign in your representative capacity — never just your own name on the principal’s business. A safe format anywhere is “Jane Doe, as agent for John Doe” (some institutions prefer “John Doe by Jane Doe, agent”). Signing your name alone can make you personally liable; signing as the agent makes clear you’re acting for them.
When the authority ends
- The principal revokes it — they can, at any time, as long as they’re competent.
- The principal dies — authority passes to the will or trust.
- A court appoints a guardian or conservator, or the document’s own end date or condition is reached.
One key distinction, everywhere: a durable Power of Attorney keeps working if the principal becomes incapacitated; a non-durable one ends at incapacity. Whether yours is durable is stated in the document itself.
Where to get the official forms
The official Delaware Power of Attorney and health care directive forms are free from the state and its official resources. Here’s where to find them — we link them as a resource so you can go straight to the source. What we provide is the plain-language help to understand and actually use them, not the forms themselves.
- Statutory form durable personal power of attorney — 12 Del. C. § 49A-301Official source: Delaware Code OnlineStatutory form durable personal power of attorney with agent's certification (12 Del. C. § 49A-301). It does not cover health-care decisions.Open on delcode.delaware.gov →
- Advance Directives/Living Wills — Delaware DHSS (DSAAPD)Official source: Delaware Health and Social Services — Division of Services for Aging and Adults with Physical DisabilitiesState page explaining advance directives with a link to Delaware's Advance Health-Care Directive form.Open on dhss.delaware.gov →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice. These links are an educational resource pointing you to official sources; we are not affiliated with or endorsed by any government office. Power of Attorney and health care directive requirements vary by state and change over time. Before you sign or rely on any form, confirm it is the current, correct form for your situation with the official Delaware source above or a licensed Delaware attorney. If a link doesn’t open, search for the form by name on the official state website.
DMOST (Delaware Medical Orders for Scope of Treatment): a different kind of document
DMOST (Delaware Medical Orders for Scope of Treatment)
Delaware Medical Orders for Scope of Treatment (DMOST) — DHSSSource: Delaware Health and Social ServicesA POLST-type form is different from a general advance directive. It is generally intended for people with serious illness, advanced medical conditions or significant frailty, when current treatment wishes need to be written as medical orders — completed with a clinician. It is not a document every adult needs.Open on dhss.delaware.gov →
Learn the whole role
The POA Caregiver Program is national and works in every state — education for the whole role, from the day you’re named agent to confident, organized caregiving, with a Certificate of Completion when you finish.
Get Updates for Delaware
Where to go for official help
A simple starting list of the government offices an agent under a Power of Attorney (or their caregiver) in Delaware may need. Click a website to open the office’s official page in a new tab.
- Delaware Adult Protective ServicesReport abuse, neglect or financial exploitation of older adults and adults with disabilities.dhss.delaware.gov/dsaapd/division-of-services-for-aging-and-adults-with-physical-disabilities/adult-protective-services → · 1-888-277-4302
- Delaware Division of Services for Aging and Adults with Physical DisabilitiesThe state aging agency, with advance directive information and forms.dhss.delaware.gov/dsaapd → · 302-255-9040
- Delaware Department of Justice: Senior Protection InitiativeEducation and action against elder abuse and financial exploitation.attorneygeneral.delaware.gov/executive/senior-protection-initiative →
- Delaware Courts: Legal AssistanceFree and low-cost legal help resources.courts.delaware.gov/help/legalassistance →
- Delaware 211Statewide referrals to health and human services.delaware211.org → · 2-1-1
- Eldercare Locator (federal)Free help finding local aging services, Area Agencies on Aging, and adult protective services anywhere in the U.S.eldercare.acl.gov → · 1-800-677-1116
- Social Security Administration (federal)Benefits, the representative payee program, retirement and disability.www.ssa.gov →
- Medicare (federal)Federal health coverage for people 65+ and some disabilities.www.medicare.gov →
- CFPB — Managing Someone Else’s MoneyPlain-language federal guides for agents under a Power of Attorney.www.consumerfinance.gov/consumer-tools/managing-someone-elses-money →
POA Caregiver™ is not affiliated with, endorsed by, or partnered with any of these offices. This list is a resource to help guide you to the right official source — nothing more. Government offices, links, and phone numbers change over time, so if a link doesn’t open, search for the office by name to find its current official page.
Some of the best help is free and official. We point you to these authoritative sources — and give you the journey, organization, and plain-language navigation on top of them. See the full national resource library →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice, and is not affiliated with or endorsed by these organizations. They are shared as free educational resources — always confirm details with the official source or a licensed professional in your state.
Guides for every agent, in any state
Plain-English help that applies wherever you live — start with The Power of Attorney Agent’s Guide, or jump in:
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POA Caregiver provides education, not legal, medical, financial or tax advice. Authority comes from the Power of Attorney document and applicable law, and serving as an agent is a different role from caregiving.
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