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A Delaware power of attorney is a legal form that acts as the authorization for a person, referred to as the agent or attorney-in-fact, to make financial decisions, healthcare decisions, real estate decisions, or estate decisions on behalf of the person granting this authority. A Delaware POA is often used during the estate planning process, but there are other instances when a POA is also useful.
Quick Reference:
The person granting permission is referred to as the principal, donor, or grantor.
The person receiving authorization is known as the agent or the attorney-in-fact.
A Delaware power of attorney is a power of attorney form that is in accordance with Delaware’s power of attorney act. Though it is not a document that needs to be turned into the court or other legal entity, for it to be legally recognized it must conform to the Durable Personal Powers of Attorney Act (Title 12, Chapter 49), which states that:
The principal has the legal right to specifically explain which powers the agent can and cannot perform on their behalf. The principal also has the legal right to revoke (terminate) the power of attorney, even if it is durable, as long as they are competent. Additionally, the POA is terminated when:
There are many reasons why a person would use a Maine power of attorney form to give another person the ability to make decisions related to their tangible personal property, financial institution transactions, tax matters, or their well-being. Some of those reasons include:
The need for a power of attorney varies from person to person. There are many types of powers of attorney available. Before choosing one, you should seek legal advice. This will help you choose the one that will best meet your needs. It will also give you an opportunity to learn how to revoke the POA should it become necessary for you to do so. Here are the most common Delaware powers of attorney.
General Power of Attorney
A general power of attorney grants an agent the ability to handle all matters on behalf of the principal.
Durable Power of Attorney
A durable power of attorney is an "extended version" of a general power of attorney because it goes beyond the parameters of a general power of attorney.
Guardian of Minor Power of Attorney
A guardian of minor power of attorney allows a parent or guardian to grant decision-making rights over their child to a temporary guardian in the event that the parent or guardian may not be present during a medical emergency.
Limited Power of Attorney
A limited power of attorney has limited power to whatever the principal specifies.
Medical Power of Attorney
A medical power of attorney allows the agent to make decisions related to medical treatment on behalf of the principal.
Real Estate Power of Attorney
A real estate power of attorney form allows the agent to purchase, sell, or maintain real estate on the principal's behalf.
Tax Power of Attorney
In Delaware, a tax power of attorney form is known as Form 2848. This form allows a principal to elect someone, generally an accountant or another qualified individual, to represent them with the Delaware Division of Revenue.
Vehicle Power of Attorney
A vehicle power of attorney in Delaware, known as form MV386, allows the principal to appoint someone to represent them with the Delaware Department of Transportation, Division of Motor Vehicles.
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