Financial Power of Attorney
DELAWARE DURABLE PERSONAL POWER OF ATTORNEY
Notice to Principal
As the person signing this durable power of attorney, you are the Principal.
This power of attorney gives the person you designate as Agent broad powers to handle your property. Those powers may include authority to sell, dispose of, or encumber real or personal property without advance notice to or approval by you.
This power of attorney does not authorize your Agent to make health-care decisions for you.
The Agent is not required to exercise granted powers. When the Agent acts, the Agent must use due care, act for your benefit and in accordance with this instrument, and keep your funds and property separate from the Agent's funds and property.
A court can remove or restrict the Agent's powers if the Agent is not acting properly. The Agent's powers and duties are governed by 12 Del. C. Chapter 49A, including §§ 49A-114 and 49A-201 through 49A-217.
If you do not understand this instrument, ask a lawyer of your own choosing to explain it before signing.
I have read or had this notice explained to me, and I understand it.
Principal's signature: ______________________________________
Date: [__/__/____]
1. Principal and Agent
I, [PRINCIPAL NAME], of [PRINCIPAL ADDRESS], appoint:
Agent: [AGENT NAME]
Address: [AGENT ADDRESS]
Telephone: [AGENT TELEPHONE]
Email: [AGENT EMAIL]
2. Additional or Successor Agents
Name: [ADDITIONAL OR SUCCESSOR AGENT NAME]
Address: [ADDRESS]
Telephone: [TELEPHONE]
Email: [EMAIL]
Name: [SECOND ADDITIONAL OR SUCCESSOR AGENT NAME]
Address: [ADDRESS]
Telephone: [TELEPHONE]
Email: [EMAIL]
If I named more than one Agent, I intend them to:
☐ Act successively, one after another.
☐ Act concurrently and independently.
☐ Act jointly and not independently.
Special instructions concerning multiple Agents: [INSTRUCTIONS].
3. Effective Date and Durability
Sign one choice:
Principal's signature: ______________________________________
☐ This power of attorney is effective immediately. This power of attorney shall not be affected by my subsequent incapacity.
Principal's signature: ______________________________________
☐ This power of attorney is effective only if and while I am incapacitated as determined under 12 Del. C. § 49A-109(c).
The durability language above is intended to satisfy 12 Del. C. § 49A-104.
4. General Authority
Initial each category to grant it. Cross out each category not granted.
| Principal's Initials | Category | Statutory Scope |
|---|---|---|
| [____] | Real property | 12 Del. C. § 49A-204 |
| [____] | Tangible personal property | 12 Del. C. § 49A-205 |
| [____] | Stocks and bonds | 12 Del. C. § 49A-206 |
| [____] | Commodities and options | 12 Del. C. § 49A-207 |
| [____] | Banks and other financial institutions | 12 Del. C. § 49A-208 |
| [____] | Operation of an entity or business | 12 Del. C. § 49A-209 |
| [____] | Insurance and annuities | 12 Del. C. § 49A-210 |
| [____] | Estates, trusts, and other beneficial interests | 12 Del. C. § 49A-211 |
| [____] | Claims and litigation | 12 Del. C. § 49A-212 |
| [____] | Personal and family maintenance | 12 Del. C. § 49A-213 |
| [____] | Benefits from governmental programs or civil or military service | 12 Del. C. § 49A-214 |
| [____] | Retirement plans | 12 Del. C. § 49A-215 |
| [____] | Taxes | 12 Del. C. § 49A-216 |
The incorporation and construction rules in 12 Del. C. §§ 49A-201 to 49A-203 apply to each initialed category.
5. Specific Authority
Proceed with caution. My Agent may exercise an authority listed below only if I initial it and the exercise is not prohibited by another governing agreement or instrument. See 12 Del. C. § 49A-201(b).
| Principal's Initials | Specific Authority |
|---|---|
| [____] | Create, amend, revoke, or terminate an inter vivos trust to the extent I may do so |
| [____] | Make a gift, subject to 12 Del. C. § 49A-217 and any narrower Special Instructions |
| [____] | Create or change rights of survivorship |
| [____] | Create or change a beneficiary designation |
| [____] | Delegate authority only in the circumstances permitted by 12 Del. C. § 49A-201(b)(5) |
| [____] | Exercise fiduciary powers that I have authority to delegate |
| [____] | Reject, renounce, disclaim, release, or consent to reduction or modification of an estate, trust, or beneficial interest |
| [____] | Exercise rights and powers under Delaware's Fiduciary Access to Digital Assets and Digital Accounts Act, 12 Del. C. Chapter 50 |
6. Special Instructions and Limitations
[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]
The Special Instructions may narrow an initialed authority. Any gift authority exceeding the limits in § 49A-217 must be stated expressly and reviewed for tax and estate-plan consequences.
7. Compensation and Expenses
My Agent is entitled to reimbursement of expenses reasonably incurred on my behalf.
Choose one:
☐ My Agent is not entitled to compensation.
☐ My Agent is entitled to reasonable compensation on these terms: [TERMS].
Under 12 Del. C. § 49A-112, an Agent is not entitled to compensation unless this instrument provides for compensation and the compensation is reasonable.
8. Agent's Duties
An Agent who accepts appointment must comply with 12 Del. C. § 49A-114. Duties that this instrument cannot change include acting in accordance with my reasonable expectations when actually known and otherwise in my best interest, acting in good faith, acting only within granted authority, and keeping my assets separate from the Agent's assets.
Unless lawfully modified by this instrument, the Agent must also act loyally, avoid disabling conflicts, use care, competence, and diligence, keep transaction records, cooperate with health-care decision makers, and avoid acting inconsistently with my testamentary plan.
No fixed six-year record-retention period or automatic notice-and-cure period is created by this instrument.
9. Prior Powers, Revocation, and Termination
Choose one:
☐ I revoke every prior personal power of attorney executed by me.
☐ I revoke only the following prior power or authority: [IDENTIFY].
☐ I preserve prior powers except to the extent they conflict with this instrument.
This power and the Agent's authority terminate as provided by 12 Del. C. § 49A-110.
10. Judicial Relief and Liability
The persons identified in 12 Del. C. § 49A-116 may petition the Delaware Court of Chancery for statutory relief concerning this instrument or the Agent's conduct. Agent liability is governed by 12 Del. C. § 49A-117.
This instrument does not impose arbitration, an exclusive forum clause, a pre-dispute jury waiver, a principal indemnity, or a cap on the Agent's statutory liability.
11. Reliance
A person may rely on this instrument and may request certifications or other assurances only as permitted by Delaware law. Nothing in this instrument expands a third party's statutory protection or restricts a lawful challenge to the Agent's conduct.
12. Principal's Signature, Witness, and Acknowledgment
A Delaware personal power of attorney must be in writing, dated, signed by the Principal or by another person in the Principal's presence and at the Principal's express direction, signed in the presence of a notarial officer, and signed in the presence of one qualified adult witness. See 12 Del. C. § 49A-105.
The witness may not be related to the Principal by blood, marriage, or adoption and may not be entitled to any portion of the Principal's estate under the Principal's then-existing will, codicil, amendment, or trust instrument.
Date: [__/__/____]
Principal's signature: ______________________________________ (SEAL)
Printed name: [PRINCIPAL NAME]
Adult Witness
I witnessed the Principal sign or direct the signing of this instrument. I am an adult, am not related to the Principal by blood, marriage, or adoption, and am not entitled to any portion of the Principal's estate under the instruments described above.
Witness signature: ______________________________________
Printed name: [WITNESS NAME]
Address: [WITNESS ADDRESS]
Date: [__/__/____]
Notarial Acknowledgment
State of Delaware
County of [COUNTY]
On [DATE], before me, the undersigned notarial officer, personally appeared [PRINCIPAL NAME], known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and acknowledged executing it for its stated purposes.
Notarial officer's signature: ______________________________________
Printed name and title: [NAME AND TITLE]
Commission expiration: [DATE]
13. Agent's Certification
An Agent has no authority to act under this personal power of attorney until the Agent has executed and affixed an Agent's certification as required by 12 Del. C. § 49A-105(c).
I, [AGENT NAME], certify that I have read the attached durable personal power of attorney. To the best of my knowledge, it is valid and the Principal is alive and has not revoked it or my authority.
I acknowledge that, when I act, I must:
- act in accordance with the Principal's reasonable expectations when actually known and otherwise in the Principal's best interest;
- act in good faith;
- act only within the authority granted;
- keep the Principal's assets separate from my assets;
- exercise reasonable caution and prudence; and
- keep a full and accurate record of actions, receipts, and disbursements on the Principal's behalf.
Agent's signature: ______________________________________
Printed name: [AGENT NAME]
Date: [__/__/____]
Sources and References
- Delaware Code, Title 12, Chapter 49A, Subchapter I: https://delcode.delaware.gov/title12/c049a/sc01/index.html
- Delaware Code, Title 12, Chapter 49A, Subchapter II: https://delcode.delaware.gov/title12/c049a/sc02/index.html
- Delaware statutory form and Agent's certification, 12 Del. C. § 49A-301: https://delcode.delaware.gov/title12/c049a/sc03/index.html
About This Template
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: July 2026
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