Free Delaware Power of Attorney Form


Sample Delaware Power of Attorney

POWER OF ATTORNEY

THIS Power of Attorney is given by me, _______________ (the "Principal"), presently of _______________, _______________, in the State of Delaware, on this ___ day of ____________________,20___.

    Previous Power of Attorney

  1. I REVOKE any previous Power of Attorney granted by me.
  2. Agent

  3. I APPOINT __________________, of ___________________________, __________________, Delaware, to act as my Agent.
  4. Governing Law

  5. This document will be governed by the laws of the State of Delaware. Further, my Agent is directed to act in accordance with the laws of the State of Delaware at any time he or she may be acting on my behalf.
  6. Liability of Agent

  7. My Agent will not be liable to me, my estate, my heirs, successors or assigns for any action taken or not taken under this document, except for willful misconduct or gross negligence.
  8. Effective Date

  9. This Power of Attorney will start immediately and will cease to be in effect upon a finding of my mental incapacity or mental infirmity which may occur after my execution of this Power of Attorney.
  10. Powers of Agent

  11. My Agent has authority to do anything on my behalf that I may lawfully do by an Agent (the "General Power").
  12. Specific Powers

  13. Without restricting its generality in any way, the following power(s) are specifically included within the foregoing General Power:

    Initial the line at each authority you grant

      X_____Real Estate Transactions
    1. To deal with any interest I may have in real property and sign all documents on my behalf concerning my interest, including, but not limited to, real property I may subsequently acquire or receive. These powers include, but are not limited to, the ability to:

       

      i.

      Purchase, sell, exchange, accept as gift, place as security on loans, convey with or without covenants, rent, collect rent, sue for and receive rents, eject and remove tenants or other persons, to pay or contest taxes or assessments, control any legal claim in favor of or against me, partition or consent to partitioning, mortgage, charge, lease, surrender, manage or otherwise deal with real estate and any interest therein; and

       

      ii.

      Execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose.


    2. X_____Maintain Property and Make Investments
    3. To retain any assets owned by me at the date this Ordinary Power of Attorney becomes effective, and the power to reinvest those assets in similar investments. In addition, my Agent may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorized by any applicable legislation.

    4. X_____Banking Transactions
    5. To do any act that I can do through an Agent with a bank or other financial institution. This power includes, but is not limited to, the power to:

       

      i.

      Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions;

       

      ii.

      Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity;

       

      iii.

      Borrow money from any banking or financial institution if deemed necessary by my Agent, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms;

       

      iv.

      Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities;

       

      v.

      Have access to any safe deposit box that I might own, including its contents; and

       

      vi.

      Create and deliver any financial statements necessary to or from any bank or financial institution.


    6. X_____Business Operating Transactions
    7. To take any action my Agent deems necessary with any business that I may own or have an interest in by doing any act which can be done through an Agent. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganize, consolidate, merge, sell, or dissolve any business; to elect or employ officers, directors and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy.

    8. X_____Insurance Transactions
    9. To do any act that I can do through an Agent with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, manage all cash payouts, borrow from insurers and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Agent was already a beneficiary of any policy before the signing of this document, my Agent cannot name himself or herself as a beneficiary of such policy.

    10. X_____Claims and Litigation Matters
    11. To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me. This power includes, but is not limited to, the power to: appear on my behalf, and the power to settle any claim against me in whichever forum or manner my Agent deems prudent, and to receive or pay any resulting settlement.

    12. X_____Tax Matters
    13. To act for me in all matters that affect my local, state and federal taxes and to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to:

       

      i.

      Prepare, sign and file income and other tax returns with federal, state, local and other governmental bodies, and to receive any refund checks; and

       

      ii.

      Obtain information or documents from any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency.


    14. X_____Government Benefits
    15. To act on my behalf in all matters that affect my right to allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof. This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage, as my Agent sees fit, any proceeds of any claim.

    16. X_____Retirement Benefit Transactions
    17. To act for me and represent my interests in all matters affecting any retirement savings or pension plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Agent cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document.

    18. X_____Family Care
    19. To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons that I have chosen or which I am legally required to support, any of which may include my Agent. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs.

    20. X_____Chattel and Goods Transactions
    21. To purchase, sell or otherwise deal with any type of personal property I may currently or in the future have an interest in. This includes, but is not limited to, the power to purchase, sell, exchange, accept as gift, place as security on loans, rent, lease, to pay or contest taxes or assessments, mortgage or pledge.

    22. X_____Estate Transactions
    23. To do any act that I can do through an Agent with regard to all matters that affect any trust, probate estate, conservatorship, or other fund from which I may receive payment as a beneficiary. This power includes the power to disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Agent cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Agent or my Agent's estate.

    24. X_____Living Trust Transactions
    25. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property.

    26. X_____Gift Transactions
    27. To make gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Agent may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

    28. X_____Charity Transactions
    29. To continue to make gifts to charitable organizations with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Agent may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

    30. X_____Employ Required Professionals
    31. To appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such compensation and for such length of time as my Agent considers advisable.

      X_____Manage Real Estate
    32. To manage the property owned by me, or in which I have an interest, located at _____________________________________________________, and municipally known as _____________________________________________________. This power includes, but is not limited to, the power to receive rents, make repairs, pay expenses including the insuring of the property and generally to deal with my property as effectually as I myself could do; to take all lawful proceedings by way of action or otherwise, for recovery of rent in arrears, or for eviction of tenants; and to commence, carry on and defend all actions, suits and other proceedings touching my property or any part of it.

    33. X_____Manage Specific Financial Account
    34. To control my accounts with ____________________ Bank, located at _________________________________________, Account Number(s)__________________________________________. This power includes the authority to conduct any business with respect to any of my listed accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any cheques or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity, and to perform any act necessary to deposit, negotiate, sell or transfer any note, security or draft.

  14. Agent Compensation

  15. My Agent will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
  16. Co-owning of Assets and Mixing of Funds

  17. My Agent may not mix any funds owned by him or her in with my funds and all assets should remain separately owned if at all possible.
  18. Personal Gain from Managing My Affairs

  19. My Agent is not allowed to personally gain from any transaction he or she may complete on my behalf.
  20. Delegation of Authority

  21. My Agent may not delegate any authority granted under this document.
  22. Agent Restrictions

  23. This Power of Attorney is not subject to any conditions or restrictions other than those noted above.
  24. Notice to Third Parties

  25. Any third party who receives a valid copy of this Power of Attorney can rely on and act under it. A third party who relies on the reasonable representations of my Agent as to a matter relating to a power granted by this Power of Attorney will not incur any liability to the Principal or to the Principal's heirs, assigns, or estate as a result of permitting the Agent to exercise the authority granted by this Power of Attorney up to the point of revocation of this Power of Attorney. Revocation of this Power of Attorney will not be effective as to a third party until the third party receives notice and has actual knowledge of the revocation.
  26. Severability

  27. If any part of any provision of this document is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this document.
  28. Acknowledgment

  29. I, _______________, being the Principal named in this Power of Attorney hereby acknowledge:
    1. I have read and understand the nature and effect of this Power of Attorney;
    2. I am of legal age in the State of Delaware to grant a Power of Attorney; and
    3. I am voluntarily giving this Power of Attorney.

IN WITNESS WHEREOF I hereunto set my hand and seal at the City of ________________ in the State of Delaware, this ___ day of ____________________,20___.


SIGNED, SEALED, AND DELIVERED

     

in the presence of:

     
       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

   

__________________________________

___________________________________

   

_______________ (Principal)

       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

     

___________________________________

   

WITNESS CERTIFICATE


I, _________________________, currently residing at __________________________, in the City of __________________, in the State of ____________________, hereby acknowledge that:

  1. I witnessed the signing of the Power of Attorney of _______________ dated this ___ day of ____________________,20___.
  2. I am an adult with capacity to witness the signing of the Power of Attorney and I am the subscribing witness thereto.
  3. In my opinion, _______________ had the capacity to understand the nature and effect of the Power of Attorney at the time the Power of Attorney was signed and the Principal signed it freely and voluntarily without any compulsion or influence from any person.
  4. I am not the Agent named in the Power of Attorney nor am I the Agent's spouse or other family member.



_________________________

_________________________

(Signature of Witness)

(Date)


WITNESS CERTIFICATE


I, _________________________, currently residing at __________________________, in the City of __________________, in the State of ____________________, hereby acknowledge that:

  1. I witnessed the signing of the Power of Attorney of _______________ dated this ___ day of ____________________,20___.
  2. I am an adult with capacity to witness the signing of the Power of Attorney and I am the subscribing witness thereto.
  3. In my opinion, _______________ had the capacity to understand the nature and effect of the Power of Attorney at the time the Power of Attorney was signed and the Principal signed it freely and voluntarily without any compulsion or influence from any person.
  4. I am not the Agent named in the Power of Attorney nor am I the Agent's spouse or other family member.



_________________________

_________________________

(Signature of Witness)

(Date)

What is a Delaware Power of Attorney and How is It Used?

If you want to protect your business when away or you need people to respect your wishes should you be physically or mentally incapacitated, prepare a power of attorney or POA.

A POA is a legal instrument that recognizes a family member, friend or an organization as the person of authority in your absence. And, since the selected individual should act as you would have, you need to select someone you can trust.

If you live in the state of Delaware and are feeling confused about where to find your free Delaware power of attorney form, you are in the right place. And, we will also differentiate the main types of POA documents you may need. But first.

What is the difference between a durable and an ordinary power of attorney?

A durable POA is a document granting another person powers over your affairs. The document will only be valid for as long as you are mentally incapacitated, ending as soon as you die or if you revoke the powers by sending a revocation notice to the agent. On the other hand, the ordinary POA will be valid for use only when the principal is in good health and perfectly in control of their faculties. The powers of the ordinary POA will end immediately the principal dies or if they become incapacitated.

The Delaware POA for Bank Account Matters

This legal instrument grants an agent control over a principal’s financial and banking matters. It’s a special POA allows the agent to handle, authorize and refuse to authorize specific matters relating to the principal’s bank matters and overall financials. The powers are only effective upon the incapacitation or the unavailability of the principal and the powers once in effect, stay active until a revocation notice is issued to the agent and parties taking orders from the agent.

  • Under the Delaware laws in code section 49A-208, the agent, through the POA is authorized to do the following:

    • The agent can carry on, modify or cancel accounts of any other banking arrangements made by the principal or themselves on behalf of the agent.

    • They could establish, change, or bring to close accounts or banking arrangements with banks, savings and loan associations, trust companies, credit unions, brokerage firms, thrift companies, and other financial institutions

    • They can withdraw the principal’s money or property under an institution’s custody by means of a check, electronic funds transfer or an order.

    • They can contract for services that are availed by a banking institution including renting space in the vault or a safe deposit box

    • An agent can receive vouchers, statements of account, and notices, among others from an institution

    • An agent can borrow some money and the pledge as security the principal’s property, for renewal, payment, or the extension of the time of payment of debt taken or guaranteed by the principal.

    • They can enter a vault or a safe deposit box to add or withdraw contents.

    • They can also prepare, assign, endorse, draw, discount, negotiate, or guarantee promissory notes, drafts, checks and any other negotiable and non-negotiable instruments.

    • They can also receive, on behalf of the principal and even act on a sight draft, a warehouse receipt, and any other tangible/ electronic document of title, and a negotiable/ non-negotiable document financial instrument.

    • They can also apply for, accept and use letters of credit, electronic transaction authorizations, traveler checks and debit or credit card from different financial institutions.

    • They can give consent to extend payment time of a commercial paper or any financial transaction.

Delaware Durable Power of Attorney

Even when in perfect health, you shouldn’t overlook the possibility of declining health, as well as the need to have someone else make the tough calls on matters relating to pulling the plug. To ensure that your wishes are respected, and for your family to act accordingly, you can get a free power of attorney form in Delaware that guides your agent on matters relating to your healthcare.

The document, the durable POA has its provisions covered under section 16 §2501, et seq. of the Durable healthcare POA laws.

DPOA Powers

The authorized agent can grant, withdraw or refuse their consent to provide medical treatment. They can also refuse treatment aimed to prolong the life of the principal.

  • Legal Requirements for the DPOA

    • It should be prepared by an adult, and it should have written directives.

    • For execution, the attending physician must certify that the principal is unable to make their own decisions

    • It should have the principal’s signature or the signature of any other person given authority by the principal (the other person signs the document in the presence of the principal).

    • It should be dated

    • There should be at least two adult witnesses

Revocation

  • The principal’s mental incapacitation notwithstanding, the document is rescinded if:

    • It’s destroyed

    • A verbal declaration for revocation is issued in the presence of at least 2 adults (18+ years)

    • A written revocation is prepared

    • A new POA with a different intent is created.

Interstate validity: only applies if the directives issued are valid in Delaware and the state of origin

Unwilling physician: if unwilling, they should offer care as they organize the transfer of the patient to a different attending. But, unless a nurse or a physician acts negligently, actions taken in good faith are not punished.

Other POAs you can get using our power of attorney forms include the POA for real estate, POA for Sale of Motor Vehicles, POA for childcare and POA for stock transactions. You can get our forms from any city in Delaware including Wilmington, Dover or Newark city. Fill out the form above to get started.

Sample

DE Power of Attorney

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