Signing Over Authority
12 Del. C. § 49A-105 — a power of attorney dated, signed before a notary, and before 1 adult witness who is not family or an heir
- In writing.
- Signed by the principal, or by another in the principal's presence at their express direction.
- Dated.
- Signed in the presence of a notarial officer.
- Signed in the presence of 1 adult witness who is not related to the principal and takes nothing from the principal's estate.
It is durable, lasting through the principal's later incapacity, when it says so in words such as those the section gives. It does not give the agent authority over health care decisions.
It ends at the principal's death or revocation, at an event it names, or when its purpose is met. An agent who is the principal's spouse loses the authority once a divorce or annulment is filed, unless the document says otherwise.
A particular document is a question for a licensed Delaware attorney.
Sources for this section (3)
- 12 Del. C. § 49A-105 — Execution of personal power of attorney
- 12 Del. C. § 49A-104 — Power of attorney is durable
- 12 Del. C. § 49A-110 — Termination of personal power of attorney or agent’s authority
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.