Power of Attorney - Delaware

Power of Attorney is a legal document that was released by the Delaware Department of Justice - a government authority operating within Delaware.

FAQ

Q: What is a Power of Attorney?
A: A Power of Attorney is a legal document that allows you to appoint someone to act on your behalf in legal, financial, or health care matters.

Q: Who can create a Power of Attorney in Delaware?
A: Any competent individual who is at least 18 years old can create a Power of Attorney in Delaware.

Q: What are the types of Power of Attorney in Delaware?
A: Delaware recognizes two types of Power of Attorney: general and durable.

Q: What is a general Power of Attorney?
A: A general Power of Attorney gives someone the authority to act on your behalf in a wide range of legal and financial matters, but it becomes invalid if you become incapacitated.

Q: What is a durable Power of Attorney?
A: A durable Power of Attorney remains in effect even if you become incapacitated, allowing the person you appoint to continue acting on your behalf.

Q: Are there any specific requirements for creating a Power of Attorney in Delaware?
A: Yes, a Power of Attorney in Delaware must be in writing, signed by the principal, and witnessed by two adults.

Q: Can a Power of Attorney be revoked in Delaware?
A: Yes, a Power of Attorney can be revoked at any time as long as the principal is still competent.

Q: When does a Power of Attorney take effect in Delaware?
A: A Power of Attorney in Delaware can take effect immediately upon execution or be designed to become effective only upon the occurrence of a specific event or condition.

Q: Can I use a Power of Attorney form from another state in Delaware?
A: It is generally preferable to use a Power of Attorney form specifically designed for Delaware to ensure compliance with state laws, but a valid out-of-state Power of Attorney may still be recognized in Delaware.

Q: Do I need a lawyer to create a Power of Attorney in Delaware?
A: While it is not mandatory to hire a lawyer, it is often recommended to consult with an attorney when creating a Power of Attorney to ensure it meets your specific needs and complies with all legal requirements.