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Question
Do I really need a power of attorney?
If you need someone to manage your affairs on your behalf, you need to execute a power of attorney. If you sign a power of attorney, you can be assured that someone trustworthy will handle your financial affairs if you are incapacitated or unavailable.
Durable powers of attorney allow you to delegate financial power. They do not typically address healthcare decisions. For that, you need a two-part form that combines and living will and health care power of attorney (also called a health care directive).
With FindLaw, you can easily create a power of attorney. Click on the links below to jump down the page:
How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
Steps to get a Delaware power of attorney form
If you wish to execute a power of attorney, you can hire an estate planning attorney to draft one using our reliable forms. Once you secure your form, follow these steps:
Understand how a POA works in Delaware
A power of attorney is a legal document that appoints another individual to handle your financial matters. As the “principal,” you execute a power of attorney, and the one appointed to act on your behalf is an “agent.” An agent may also be called an “attorney-in-fact.”
You can make powers of attorney as broad or limited as you wish. Most of these documents grant all the powers listed in the form and remain effective regardless of your capacity. Other options include a power of attorney that only becomes effective upon incapacity or a power of attorney that addresses a specific matter, e.g., closing on a new business deal, buying a car, etc.
Pick an attorney-in-fact
Your attorney-in-fact or agent must be over the age of 18 and offer the expertise and mental maturity to act in your best interest. Many people choose a spouse, live-in partner, close friend, or business partner to act in this capacity.
Assign responsibilities to your agent
Your agent’s responsibilities depend entirely on you. You can authorize your agent to act to complete one transaction or have them manage all of your financial affairs. The form lists specific powers, which are explained in more detail in the Durable Power of Attorney Act, Chapter 49A, Subchapter II. Indicate which areas are appropriate for your agent by initialing where you want them to act or cross out those you do not want them to touch. For example, you may wish to authorize your agent to handle transactions with financial institutions but prefer not to change your retirement plan.
Find witnesses and a notary public
Your power of attorney must be notarized and signed by one witness who is not related to you or a beneficiary of your estate. You can find notary publics at print and mail service businesses who often keep them on staff. They charge a small fee. Your local bank branch may also have a notary public on-site.
Have your agent sign the certification
Delaware forms contain a notice and agent certification where your agent (or attorney-in-fact) acknowledges they are aware of their duties to act on behalf of the principal. While it is not required, it is easier to challenge an agent’s authority if left unsigned. Sign the signature block for the principal and have your appointed agent sign their section.
Make copies
Store your original power of attorney in a safe fire-proof spot, usually a safety deposit box or fireproof cabinet at home. Make copies and provide them to your agent and anyone else you believe needs the information (like a business partner). Also, keep a copy where others can access it, like a desk drawer or a file labeled “estate planning documents.”
If you decide to change agents or revoke a power of attorney, you have two options. You can execute a new power of attorney or sign a revocation affidavit withdrawing your current power of attorney.
Frequently asked questions about Delaware powers of attorney
Everyone should have a power of attorney. A power of attorney offers guidance to loved ones if you become incapacitated and ensures your daily affairs continue. If you face incapacity and do not have a power of attorney, the court will appoint a guardian to act on your behalf. This process causes stress and conflict with friends and family, and there is no guarantee the court will choose the right person to handle your essential matters.
Specific instances that may require a power of attorney include:
- Upcoming long-term international travel
- Chronic or terminal illness diagnosis
- Assistance needed managing business or real estate transactions
- Hazardous work environment
- Exposure to toxic or harmful chemicals
- Desired assurance that your children, business affairs, or financial transactions will receive attention if you become incapacitated
Yes; however, you will not know if the free power of attorney form is effective in Delaware or appropriate for your circumstances. Free forms often require more formatting and include no guidance with them. You will enjoy better results if you purchase a form from FindLaw and secure legal advice to review it.
If you purchase a form package from us, you will likely find the power of attorney form self-explanatory and easy to complete. Most people do not need a lawyer’s help for a power of attorney. However, if you do not have someone to name as your agent, or there is family conflict involving your finances, it may be best to work with an attorney.
When you retain an attorney, you have immediate access to a non-interested witness and notary public. It can be difficult to gather people together to finalize your power of attorney on your own, and sometimes, hiring a Delaware estate planning attorney is worth it for that convenience.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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