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 · 2026Official source linkedFree PDF · no signup · nothing uploaded

Maintained by the SealForms editorial team · 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.

Not a uniform-act state. Delaware has its own power of attorney statute rather than the Uniform Power of Attorney Act — expect some differences from other states. — 12 Del. C. § 49A-101 (77 Del. Laws, c. 467, § 4, 2010) ↗
Not durable by default. In Delaware the document must say expressly that it survives incapacity — this template includes that language. — 12 Del. C. § 49A-104 (77 Del. Laws, c. 467, § 4) ↗
Statutory form. Delaware’s code includes an optional form (Statutory form durable personal power of attorney (Durable Personal Power of Attorney Form), 12 Del. C. § 49A-301); banks are most familiar with it. — 12 Del. C. § 49A-301 (77 Del. Laws, c. 467, § 4; 78 Del. Laws, c. 369, § 13; 79 Del. Laws, c. 152, § 1) ↗
Real estate. A letter of attorney to sell lands must be acknowledged/proved and recorded before the attorney may acknowledge a deed (25 Del. C. §§ 171-172). — 25 Del. C. § 172 (Code 1852, § 1624; 25 Del. C. 1953, § 172) ↗
Agent’s certification. Agent's Certification, included within the statutory form at 12 Del. C. § 49A-301 — 12 Del. C. § 49A-301 Statutory form durable personal power of attorney; agent's certification ↗
Revoking it. 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). — 12 Del. C. § 49A-110 (77 Del. Laws, c. 467, § 4; 78 Del. Laws, c. 369, § 3) ↗

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.

Fill in the details

Step-by-stepMy documents

DateYour name (Principal)Your addressAgent name (Attorney-in-Fact)Agent's addressPowers grantedDurable? (stays valid if you become incapacitated)Effective date

Optional clauses

Tick the terms you want. They appear in the document under “Additional terms”.

Specific authority (express grant)Expressly grants powers that many states exclude from any general grant (gifts, survivorship, beneficiaries, trusts).

Successor agentNames a backup agent if the first agent cannot serve.

Co-agentAppoints a second agent and states expressly whether they act jointly or independently.

Springing — effective upon incapacityThe POA takes effect only when your incapacity is determined in writing by the person you name.

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Your entries auto-save in this browser (only on your device). Drawn signatures ship in the PDF; the Word file keeps the signature line blank. When at least one party has signed, the PDF and Word file end with a signature certificate (who signed, when, and a SHA-256 fingerprint you can check later). If you use “Send to the other party”, the document travels inside the link you share — not through us.

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Power of Attorney

State of Delaware

I, __________ ("Principal"), of __________ , appoint __________ ("Agent" / Attorney-in-Fact), of __________ , to act on my behalf.

Powers. I grant my Agent authority over the following: __________ . The Agent shall act in my best interest and keep records of actions taken.

Effective. This power of attorney takes effect on signing. Durability. Durable: __________. If "Yes" is written above, this power of attorney is DURABLE: it is not terminated by my subsequent incapacity. If "No" is written above, this power of attorney is NOT durable: it TERMINATES if I become incapacitated.

This document is governed by the laws of the State of Delaware. It is revocable by me at any time while I have capacity.

Principal signature / date

Agent signature / date

Notary Public: __________________________ My commission expires: ____________
Witness 1: __________________ Witness 2: __________________ (if required by Delaware)

Agent’s signature acknowledgment (complete where required — some states require the agent’s signature, dated and acknowledged before a notary, before the agent may act):
State of Delaware, County of ____________ — acknowledged before me on ____________ by the above-named Agent.
Notary Public: __________________________ My commission expires: ____________

Generated with SealFormsReflects Delaware law · verified 2026

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.

Signing it correctly in Delaware

A POA only works if institutions accept it, which is why the signing formalities matter. Get itnotarized, 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 is a durable power of attorney?

A “durable” power of attorney stays in effect even if you later become incapacitated — which is usually the point of having one. A non-durable POA ends if you lose capacity. Set “durable” in the form to keep the agent’s authority in place; this is the more common choice for planning ahead.

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.

Can I revoke it later?

Yes. You can revoke a power of attorney at any time while you have capacity by notifying your agent in writing (and any institution relying on it). Keep the signed original safe and give copies only to those who need them.

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 29 of 51 jurisdictions that require notarization (21 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).

Power of attorney in other states

More Delaware legal forms

Different state? See power of attorney by state →