Delaware Durable Power of Attorney

Delaware durable power of attorney law are found  in Delaware Code, Title 12, Part V, Chapter 49 (Durable Powers of Attorney).  According to Delaware laws a durable power of attorney is a type of power of attorney that will not be revoked if a principal is subsequently disabled or incapacitated.  A power of attorney is considered durable when it is clearly indicated in writing that it will not be revoked on a subsequent incompetence or disability of the principal.  The agent’s acts on behalf of the principal when the principal is incapacitated will have the same effect as if the principal was not incapacitated and will bind the principal’s successors in interest.

If a court appoints a fiduciary or guardian (jointly “guardian”) to the principal’s person and/or property, the power of attorney will be revoked to that extend the powers held by the agent and the guardian are overlapping.  For the remaining powers held by the agent, he/she will be accountable to the guardian and the principal.  The principal’s death does not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s death, and the agent’s actions will bind the principal’s successors.  Likewise, in case of a non durable power of attorney the principal’s incapacity will not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s incapacity and the agent’s actions will bind the principal’s successors.  In such situations, the agent is required to produce an affidavit stating that the agent did not have actual knowledge of the principal’s death or incapacity or revocation of the power of attorney.

Apart from the principal’s death, a durable power of attorney can also get revoked when:

  • the time specified in the power of attorney is completed, or
  • an event specified in the power of attorney occurs.

Inside Delaware Durable Power of Attorney