Power of Attorney in Delaware

Delaware has a statutory form Durable Personal Power of Attorney. A personal power of attorney must be in writing, dated, signed by the principal (or by someone at the principal's direction in their presence), signed in front of a notary, and signed in front of 1 adult witness who is not related to the principal and is not a beneficiary of the principal's will or trust. It is durable only if it contains words showing it continues if the principal becomes incapacitated (the statutory form includes them). An agent's signed certification is part of the statutory form.

Delaware has an optional Advance Health-Care Directive form in its Health-Care Decisions Act. Any adult with capacity can make a power of attorney for health care (naming an agent) and give health-care instructions. A power of attorney for health care must be in a record and signed by the person and by one adult witness who is not the agent, not the agent's spouse, domestic partner or cohabitant, and (for nursing home or long-term care residents) not connected to the facility. The witness may be present in person or by real-time audio-video (or audio in some cases). Notarization is not required.

Delaware has an optional statutory "Durable Personal Power of Attorney Form" with a notice and an agent's certification (12 Del. C. 49A-301); an agent may not act until signing the certification. A personal power of attorney must be in writing, dated, signed by the principal (or by another person signing the principal's name in the principal's presence at the principal's express direction), and signed in front of a notarial officer and one adult witness; the witness cannot be related to the principal by blood, marriage or adoption, or be entitled to any part of the principal's estate under an existing will, codicil or trust (49A-105). For health care, Delaware's optional "Advance Health-Care Directive" form is in 16 Del. C. 2511. A power of attorney for health care must be in a record, signed by the individual and by one adult witness who is present at signing; the witness cannot be the agent or the agent's spouse, domestic partner or cohabitant, or (in a nursing home or long-term care facility) an owner, operator, employee or contractor of the facility (2508(d)).