In case an individual wishes to endow another person with official power to take care of their finances, medical treatment, business, and other matters, they should resort to a legal instrument known as a POA form. Thus, people living in Delaware may compose any of the existing Delaware power of attorney forms, based on their personal needs. The essence of each proxy type lies in providing individual rights to the chosen representative, whether it concerns money, healthcare, guardianship, etc. It means that the person you select to play the role of your attorney-in-fact in the event of your physical absence in Delaware or the USA or acquired disability will have the power to make tough calls on your behalf and control your assets.
Download your fillable Delaware Power of Attorney Form in PDF format:
– Adobe PDF
As for the terminology, the individual granting permission is referred to as the grantor, donor, or principal. At the same time, a person called the agent, attorney-in-fact, or private attorney represents the “receiving party.”
No matter what power of attorney form you decide to use, it must still be created to comply with Delaware legislation. Even though such a legal paper is not required for submission to the court or other similar authority, for a proxy to become legally enforceable, it should comply with the Durable Personal Powers of Attorney Act (Title 12, Chapter 49). The latter contains the following statements:
- The designated agent must be of legal age and older.
- Both the private attorney and the principal must verify the document with their signatures, alongside at least two witnesses.
- The attending medical doctor must first determine if the donor is mentally incompetent to make crucial decisions about their treatment and life in general. After that, the surrogate decision-maker will be able to make decisions in the name of the grantor.
- The agent has the right to give, refuse, or withdraw consent to health maintenance, including the right to reject medical support that may extend the principal’s life.
- The selected representative should keep their finances apart from those provided to them by the principal.
- The court retains the right to cancel the proxy privilege upon learning that the appointed agent doesn’t fulfill their duties properly.
Why Use a POA Form in Delaware
The reasons why a Delaware resident would resort to a power of attorney may vary significantly. For the most part, a proxy is applied when a mentally or physically ill individual needs someone else’s assistance to take care of their business. Whether it is an elder who has Alzheimer’s or a person with acquired disability, they are no longer capable of handling everyday tasks and dealing with more important affairs, like selling or buying real estate, cars, or firms.
There is a misconception that a power of attorney can be utilized solely by people in failing health or diagnosed with severe disease. It is common for perfectly sound and healthy Delaware citizens to write a proxy beforehand, primarily if they work a high-risk job. Another reason why someone would use such a legal instrument is the presence of your own business. Hence, should the grantor fall ill or have some industrial accident, their company will be safe in the capable hands of the credible individual they select as their private attorney. Moreover, the POA author has the right to define the scope of liability and authority of their agent, which must be clearly stated in their proxy.
What does the future hold? No one knows the answer to that question. However, it would be wise of you to come up with a backup plan in the form of a power of attorney. Irrespective of your situation, you probably will have a different proxy type than other residents of your state. Thankfully, there are several Delaware power of attorney forms available, and these are some of the most frequently used of them:
General Power of Attorney
This type of proxy is in high demand, as it allows the attorney-in-fact to supervise and control all money-related aspects of the grantor’s life. Hence, the agent is provided with official permission to act on your behalf. Nonetheless, if you become disabled or pass from among us, a general POA also becomes null and void.
Durable Power of Attorney
Such a Connecticut power of attorney form expands the privilege of a general proxy in that it retains its legality even if the principal develops a physical or intellectual disability.
Guardian of Minor Attorney
With this proxy, the parents forced to leave the state or country for some time, leaving their minors at home, can assign a temporary custodian for their kids. This person will have the right to make medical-related decisions regarding your dependent children.
Limited Power of Attorney
The following power of attorney form indicated restrictions concerning the privilege given to the attorney-in-fact. Most often, a proxy is used to handle financial or healthcare issues instead of the grantor. Still, it rarely allows the chosen representative to get full control over the donor’s life and belongings. It is at the grantor’s discretion what limitations to set in their agreement. Both limited and special POA cease to exist after the demise of the principal.
Medical Power of Attorney
An MPOA, widely known as an advanced directive, is a proxy granting authority to the attorney-in-fact to take essential medical decisions in the grantor’s name. Such a legal paper must be composed in strict compliance with the Delaware statutes – namely, §2503 Advance Health-Care Directives. Given the paramount importance of this juridical document, it is recommended to approach the issue of choosing a surrogate decision-maker with full responsibility.
Real Estate Power of Attorney
The following proxy form lets the private attorney carry out sales and purchase contracts concerning the principal’s real estate.
Vehicle Power of Attorney
To choose a reliable person to represent you with the Delaware Department of Motor Vehicles when you no longer can do so yourself, resort to a vehicle POA, which is frequently referred to as the Form MV386.
Power of Attorney Revocation
If the author of a power of attorney wants to revoke it, they can use the Delaware POA revocation form to end the agreement between the parties. All additional participants should also be informed about this change.
State Tax Power of Attorney
In Delaware, a tax power of attorney form (the Form 2848) helps the donor designate someone capable of performing the filling of the income tax return and deal with all related documentation. It is advised to appoint a certified accountant or experienced taxpayer for this role.