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Delaware, United States

Delaware Power of Attorney Form

Authorize someone you trust to act on your behalf. Fill in the details below and download a print-ready PDF. Free, no signup — but read the signing rules below, because a POA usually must be notarized.

Reflects current Delaware rules · 2026 Official source linked Free PDF · no signup · nothing uploaded

Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

Using a power of attorney in Delaware

How Delaware’s statute treats durability, statutory forms, real estate, and revocation — with the section each rule comes from.

Each point links to the Delaware source it was taken from. Rules change; confirm before relying on them.

Delaware signing rules · as of 2026

Notarization
Required
Witnesses
1 witness
Official state form
Yes

Source: 12 Del. C. §49A-105 (form §49A-301) · verify ↗. A POA gives real authority over your money — sign it before a notary (and witnesses where required), and take advice for high-value or health-care matters.

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What a Delaware power of attorney does

It lets your chosen agent step into your shoes for the tasks you allow — paying bills, managing bank accounts, handling real estate or taxes — which is invaluable if you travel, deploy, or want a plan in case of illness. You stay in control: you decide the powers, whether it’s durable, and you can revoke it anytime.

If your agent will sign a deed for you, the deed itself still has to meet Delaware’s rules for signing and recording — the Delaware quitclaim deed page lists them, with the statute.

Signing it correctly in Delaware

A POA only works if institutions accept it, which is why the signing formalities matter. Get it notarized, add witnesses if Delaware requires them, and check whether your state has a statutory form banks prefer. See the current Delaware power-of-attorney requirements.

Frequently asked questions

Does a Delaware power of attorney have to be notarized?

Yes — in Delaware, a financial power of attorney must be notarized to be valid, and it requires 1 witness (as of 2026). Source: 12 Del. C. §49A-105 (form §49A-301).

What powers can I give my agent?

You can grant broad authority (banking, real estate, bills, taxes, insurance) or limit it to specific tasks. List exactly what you want your agent to handle in the “powers” field. Some acts (like real estate) may need extra formalities to be recorded in Delaware.

Is a power of attorney durable by default in Delaware?

No. In Delaware the document must state expressly that it survives incapacity — this template includes that language. Source: 12 Del. C. § 49A-104 (77 Del. Laws, c. 467, § 4).

Does Delaware have a statutory power of attorney form?

Yes — Statutory form durable personal power of attorney (Durable Personal Power of Attorney Form), 12 Del. C. § 49A-301. Banks and agencies are most familiar with it; the template here follows the same structure. Source: 12 Del. C. § 49A-301 (77 Del. Laws, c. 467, § 4; 78 Del. Laws, c. 369, § 13; 79 Del. Laws, c. 152, § 1).

How do I revoke a power of attorney in Delaware?

A personal power of attorney terminates when the principal dies, the principal revokes it, or a terminating event stated in the document occurs (§ 49A-110). Source: 12 Del. C. § 49A-110 (77 Del. Laws, c. 467, § 4; 78 Del. Laws, c. 369, § 3).

How does Delaware compare? See the notary and witness rules in all 50 states, every rule cited to statute.

How Delaware compares

Computed from our 51-jurisdiction dataset (as of 2026). Source for Delaware: 12 Del. C. §49A-105 (form §49A-301) ↗.

  • Delaware is one of 30 of 51 jurisdictions that require notarization (20 recommend (but do not require) notarization; 1 do not require notarization).
  • Delaware is one of 35 of 51 jurisdictions that publish a statutory form in the code (16 have no statutory form).
Witnesses required

Witnesses required: 1 — about Infinity× the national median of 0 across the 51 states with a statutory rule.

Ranked #7 of 51 states (tied with 3) — higher means more witnesses at signing.

3 other states use the same figure.

Witnesses required in neighboring states — Maryland (2), New Jersey (0), Pennsylvania (2).

The rest of what Delaware requires

The figures below are Delaware's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Delaware page for that document.

Security deposit cap · as of 2026
1 month's rent (leases over 1 yr; no cap on month-to-month) 25 Del. C. §5514 ↗
Deposit return deadline · as of 2026
20 days after move-out 25 Del. C. §5514 ↗
Notice to end a month-to-month tenancy · as of 2026
60 days 25 Del. C. §5514 ↗
Notice for unpaid rent · as of 2026
5 days to pay or quit 25 Del. C. § 5502; § 5513; § 5106/§ 5107 ↗
Notice to cure a lease violation · as of 2026
7 days 25 Del. C. § 5502; § 5513; § 5106/§ 5107 ↗
Small claims limit · as of 2026
$25,000 10 Del. C. §9301 ↗
Where you file · as of 2026
Justice of the Peace Court (civil docket) · filing fee $35 (claims up to $5,000) / $70 ($5,001-$15,000) / $95 ($15,001-$25,000) per the JP Court fee schedule 10 Del. C. §9301 ↗
Rental application fee · as of July 2026
Capped at greater of 10% of monthly rent or $50 Delaware Code ↗
Bill of sale notarization · as of 2026
Not required Delaware DMV ↗
LLC operating agreement · as of 2026
Not required by statute, but it controls over the default rules 6 Del. C. § 18-101(9) ↗
Recording a deed · as of 2026
Recorder of Deeds (one per county: New Castle, Kent, Sussex) · no witnesses 25 Del. C. §§ 121–122 ↗

Power of attorney in other states

More Delaware legal forms

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