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Delaware Power of Attorney

A Delaware Power of Attorney (PoA) is a legal document that gives a trusted person or organization permission to handle legal matters on your behalf, such as signing contracts, selling your property,... Read more

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Making a Delaware Power of Attorney

  • What is a Delaware Power of Attorney?

    A Delaware Power of Attorney (PoA) is a legal document that gives a trusted person or organization permission to handle legal matters on your behalf, such as signing contracts, selling your property, accessing accounts.

    The individual giving control is known as the "principal," and the individual or organization gaining authority is called the "agent." Suitable for Delaware residents, our Power of Attorney can be used in Kent County, New Castle County, Sussex County, and in all other parts of the state. All Delaware PoA forms from Rocket Lawyer can be edited to address your unique scenario. This official document will provide proof to financial institutions and other parties that your selected representative is legally allowed to act in your interest when you are not present or able.

  • How do I get power of attorney in Delaware?

    It's simple and easy to give or receive the support you might need with a free Delaware Power of Attorney template from Rocket Lawyer:

    1. Make your PoA - Provide a few details and we will do the rest
    2. Send and share - Review the PoA with your agent(s) or get legal help
    3. Sign it and make it legal - Mandatory or not, notarization/witnesses are recommended

    This method is often going to be notably more affordable than finding and working with your average attorney. If necessary, you may start this PoA on behalf of an elderly parent, a spouse, or another relative, and then help them sign it when ready. Please keep in mind that for this document to be considered valid, the principal must be mentally competent at the time of signing. In the event that the principal has already been declared legally incompetent, a court-appointed conservatorship could be required. When dealing with this scenario, it's important to connect with a lawyer.

  • Who should have a Delaware PoA?

    Every person over 18 years old should have a Power of Attorney. Even though it's difficult to think about, a day will likely come when you are not able to make your own legal decisions. There may also be times when you are merely unavailable. Here are some common situations in which a PoA might be helpful:

    • You are preparing to move or travel overseas temporarily or permanently
    • You are aging or dealing with ongoing health issues or limited mobility
    • You intend to move out of your home and into a community care facility
    • You wish to authorize a trusted person to make decisions on your behalf if you become legally incompetent or incapacitated

    Regardless of whether this Delaware Power of Attorney is being drafted as part of a long-term plan or produced in response to an unexpected issue, witnesses and/or notarization will often help to protect your document if its legitimacy is doubted.

  • Which type of Power of Attorney do I need in Delaware?

    There are several ways to categorize PoA documents. They are primarily based on what powers are being granted, when they will come into effect, and how long they will remain valid. Most often, you will see them organized into these four groups:

    • General Power of Attorney - Will grant broad authority over your affairs
    • Special Power of Attorney - Will grant a limited scope of powers over specific matters
    • Durable Power of Attorney - Will remain valid even if you become mentally incompetent or incapacitated
    • Springing Power of Attorney - Will come into effect based on certain events or criteria

    When creating your free Delaware Power of Attorney with Rocket Lawyer, you may decide to have the agent's power start immediately, on a precise date, or only when you are no longer capable. Your Power of Attorney can terminate upon your death or on a particular date.

  • Do I need to hire an attorney for my Delaware PoA?

    Delaware Power of Attorney forms are usually simple to make; however, you or your agent could still have questions. Getting another opinion on your document might take a long time on your own. Another approach would be through the Rocket Lawyer On Call® network of attorneys. Rocket Lawyer Premium members are able to ask for advice from an experienced lawyer or pose other legal questions. As always, you can be confident that Rocket Lawyer is by your side.

  • What would I traditionally need to pay to get a Power of Attorney form in Delaware?

    The cost of hiring an attorney to draft a Power of Attorney might total between $200 and $500, depending on your location. Rocket Lawyer can offer much more protection than most other Power of Attorney template websites that you may discover. As a Rocket Lawyer member, you can get up to 40% in savings when hiring an attorney from our network.

  • Are there any next steps to take after drafting a Delaware Power of Attorney?

    With a Rocket Lawyer membership, you can edit it, download it as a Word document or PDF file, and print it. When you are ready to finalize your Power of Attorney, it should be signed. You will need to send a final copy of the signed document to your agent(s) and financial institutions.

  • Does a Power of Attorney need to be notarized, witnessed, or recorded in Delaware?

    The guidelines for PoA forms will be different in each state; however, in Delaware, your Power of Attorney will usually require the signature of one witness and a notary public. Two witnesses will be required if the agent's responsibilities are related to real estate. If your agent will have the authority to manage real estate transactions, the Power of Attorney must be acknowledged by a notary and recorded or filed with the county. As a general rule, witnesses will need to be at least 18 years old, and none should simultaneously be named as your agent.

    See Delaware Power of Attorney law: Title 12, Ch. 49

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