Delaware Durable Power of Attorney Form

1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)

A Delaware Durable Power of Attorney Form is used to allow the Attorney-in-Fact to continue to act on behalf of the Principal even if the Principal is somehow incapacitated, such as being declared mentally incompetent to make their own decisions. In Delaware this does not include death however, and if the Principal is deceased then the Agreement is considered void.

Unlike many states, in Delaware if the Attorney-in-Fact is the Principal’s spouse and they are divorced or separated, then the Power of Attorney agreement is not automatically voided. It is generally recommended that the Principal void the agreement if the Attorney-in-Fact is their spouse, or get a new Attorney-in-Fact at the earliest convenience.