Power of Attorney Acceptance and Refusal Rules in Delaware

At a glance

Requirements one by one

Covered power and response

The Act’s “personal power of attorney” is a defined durable power (§ 49A-102(9)). Its exclusions are unusually extensive: they include powers primarily for business, creditor arrangements, health-care decisions, specified asset transfers, and powers authorizing a financial institution or its employee to act on an account (§ 49A-103(a)). For a covered acknowledged personal power originally in English or translated into English under the translator’s oath, a person must accept unless § 49A-120(b) applies. The section gives no numbered response period (§ 49A-120(a)).

Supporting request

A person asked to accept an acknowledged personal power may request an English translation under the translator’s oath when the document contains another language (§ 49A-119(d)). Section 49A-119 supplies no parallel agent-certification or counsel-opinion request procedure. Section 49A-120 does not add a later deadline after translation arrives.

Refusal and remedy

Exceptions include a transaction not otherwise required with the principal, inconsistency with state or federal law, actual knowledge of termination or invalidity or lack of authority, and a prompt qualifying report to law enforcement or social services (§ 49A-120(b)). An improper refusal can lead to an order compelling acceptance and liability for damages, including reasonable attorneys’ fees and costs, in the specified proceeding (§ 49A-120(c)).

What trips people up

A recipient may not require an additional or different form for authority granted in the presented power, or reject it solely because its form varies from § 49A-301 (§ 49A-120(a)(2)–(3)). The Act’s exclusions determine whether these protections apply (§ 49A-103).

Common questions

Must a rejection be in writing? Section 49A-120 contains no general written-rejection notice rule.

Does Delaware set a seven-day clock? Section 49A-120 commands acceptance of a covered English original or sworn English translation, subject to exceptions, without a numbered response period.

Statutes and sources

Current Delaware Code, accessed October 4, 2026.

12 Del. C. § 49A-102. “(9) “Personal power of attorney” means any durable power of attorney executed in this State or, if executed other than in this State, specifying that the laws of this State shall govern such power of attorney, other than those powers of attorney to which this chapter is not applicable as set forth in § 49A-103(a) of this title. (12) “Principal” means an individual who grants authority to an agent in a power of attorney acting for himself or herself and not as a fiduciary, officer, employee, representative, agent or official of any legal, governmental, or commercial entity or association.” Official statute (accessed October 4, 2026).

12 Del. C. § 49A-103. “(a) This chapter shall not apply to any of the following powers of attorney which, if durable, shall be governed by Chapter 49 of this title, to the extent applicable, or by another applicable chapter or by the common law of this State: (1) A power of attorney given primarily for a business or commercial purpose; (2) A power of attorney to the extent it is coupled with an interest in the subject of the power; (3) A power of attorney given to or for the benefit of a creditor in connection with a loan or other credit transaction or a secured party in connection with a secured transaction; (4) A power of attorney to make health-care decisions; (5) A proxy or other delegation to exercise voting rights or management rights with respect to a corporation, partnership (general or limited), limited liability company, condominium or other legal or commercial entity or association; (6) A power of attorney created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (7) A power of attorney given to facilitate a specified transfer or disposition of 1 or more identified stocks, bonds or other assets, whether real, personal, tangible or intangible; (8) A power of attorney authorizing a third party to prepare, execute, deliver, submit and/or file a document or instrument with a government or governmental subdivision, agency or instrumentality or other third party; (9) A power of attorney authorizing a financial institution or employee of a financial institution to take action relating to an account in which the financial institution holds cash, securities, commodities or other financial assets on behalf of the person giving the power; (10) A power of attorney given by an individual who is, or is seeking to become, a director, officer, stockholder, employee, partner (general or limited), member, unit owner, equity owner, trustee, manager or agent of a corporation, partnership (general or limited), limited liability company, condominium or other legal or commercial entity or association, in that individual’s capacity as such, including a power of attorney contained in a subscription agreement; (11) A power of attorney contained in a certificate of incorporation, bylaws, general or limited partnership agreement, limited liability company agreement, declaration of trust, declaration of condominium, condominium bylaws or offering plan or other agreement or instrument governing the internal affairs of an entity or association, authorizing a director, officer, shareholder, employee, partner (general or limited), member, unit owner, equity owner, trustee, manager or other person to take lawful action relating to such entity or association; (12) A power of attorney given to a condominium managing agent to take action in connection with the use, management and operation of a condominium unit; (13) A power of attorney given to an agent within the scope of the agent’s business to the extent such business is subject to the regulatory authority of any Delaware governmental agency, including, without limitation, a power of attorney given to a licensed real estate broker to take action in connection with a listing of real property, mortgage loan, lease or management agreement; (14) A power of attorney authorizing acceptance of service of process on behalf of the principal; and (15) A power of attorney created pursuant to authorization provided by a federal or state statute, other than this chapter, that specifically contemplates creation of the power. (b) If for any reason a durable personal power of attorney given in compliance with the requirements of this chapter and referencing this chapter is determined to be given primarily for a business or commercial purpose or otherwise excepted from this chapter under subsection (a) of this section, such power of attorney shall be valid if it complies with Chapter 49 of this title, to the extent applicable, or with another applicable chapter of this Code or with the common law of this State. (c) A power of attorney excepted from this chapter pursuant to subsection (a) of this section that was granted in compliance with the laws of the jurisdiction governing such power of attorney will be recognized and enforceable under the laws of the State of Delaware in accordance with its terms.” Official statute (accessed October 4, 2026).

12 Del. C. § 49A-119. “(a) For purposes of this section and § 49A-120 of this title, “acknowledged” means purportedly verified before a notarial officer. (b) A person that in good faith accepts an acknowledged personal power of attorney without actual knowledge that the signature is not genuine may rely upon a presumption that the signature is genuine. (c) A person that in good faith accepts an acknowledged personal power of attorney without actual knowledge that the personal power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the personal power of attorney as if the personal power of attorney were genuine, valid and still in effect, the agent’s authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority. (d) A person that is asked to accept an acknowledged personal power of attorney may request, and rely upon, without further investigation, an English translation, under oath of the translator, of the personal power of attorney if it contains, in whole or in part, language other than English. (e) For purposes of this section and § 49A-120 of this title, a person that conducts activities through employees is without actual knowledge of a fact relating to a personal power of attorney, a principal, or an agent if the employee conducting the transaction involving the personal power of attorney is without actual knowledge of the fact. Notification of revocation of a personal power of attorney by a principal or agent to an officer of a bank or other financial institution shall constitute actual notice to all employees.” Official statute (accessed October 4, 2026).

12 Del. C. § 49A-120. “(a) Except as otherwise provided in subsection (b) of this section: (1) A person shall accept an acknowledged personal power of attorney that is originally written in English or is translated into English, under oath of the translator; (2) A person may not require an additional or different form of personal power of attorney for authority granted in the personal power of attorney presented; and (3) A person may not refuse to accept an acknowledged personal power of attorney solely upon the basis that the form of such acknowledged personal power of attorney varies from the form set forth in § 49A-301 of this title. (b) A person is not required to accept an acknowledged personal power of attorney if: (1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances; (2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with state or federal law; (3) The person has actual knowledge of the termination of the agent’s authority or of the personal power of attorney before exercise of the power; (4) The person has actual knowledge that the personal power of attorney has been terminated or revoked, or is void or invalid, or that the agent does not have the authority to perform the act requested; or (5) The person promptly makes, has made, or has actual knowledge that another person has made, a report to the appropriate law-enforcement or social service agency stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent. (c) A person that refuses in violation of this section to accept an acknowledged personal power of attorney is subject to: (1) A court order compelling acceptance of the personal power of attorney; and (2) Liability for damages, including reasonable attorneys’ fees and costs, incurred in any action or proceeding that confirms the validity of the personal power of attorney or authority of the agent to act, or compels acceptance of the personal power of attorney.” Official statute (accessed October 4, 2026).