Free Delaware Power of Attorney Form


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.