DELAWARE STATUTORY FINANCIAL POWER OF ATTORNEY
(Delaware Uniform Power of Attorney Act, 12 Del. C. §§ 49A-101 to 49A-402)
NOTICE TO PRINCIPAL
READ CAREFULLY BEFORE SIGNING
This is an important legal document. By signing this Power of Attorney, you are granting your Agent broad authority over your financial affairs. Before signing:
- Consult a Delaware-licensed estate planning attorney.
- Your Agent must act in your best interest and keep complete records.
- This Power of Attorney may be made durable, meaning it continues if you become incapacitated.
- You may revoke this Power of Attorney at any time while mentally competent.
- The Agent has a fiduciary duty to you under Delaware law (12 Del. C. § 49A-114).
PART 1 - PRINCIPAL AND AGENT IDENTIFICATION
Principal (Granting Authority):
Full Legal Name: [[Principal Full Legal Name]]
Date of Birth: [[Date of Birth]]
Address: [[Street Address, City, Delaware, ZIP Code]]
Phone: [[Phone Number]]
Email: [[Email Address]]
Primary Agent:
Full Legal Name: [[Primary Agent Full Legal Name]]
Relationship to Principal: [[Spouse / Child / Sibling / Friend / Attorney / Other: ___]]
Address: [[Street Address, City, State, ZIP Code]]
Phone: [[Phone Number]]
Email: [[Email Address]]
Successor Agent No. 1 (serves if Primary Agent unable or unwilling to act):
Full Legal Name: [[Successor Agent 1 Full Legal Name]]
Address: [[Address, City, State, ZIP Code]]
Phone: [[Phone Number]]
Successor Agent No. 2 (serves if Successor Agent No. 1 unable or unwilling):
Full Legal Name: [[Successor Agent 2 Full Legal Name]]
Address: [[Address, City, State, ZIP Code]]
Phone: [[Phone Number]]
Co-Agents (if applicable - mark "None" if not desired):
- Co-Agent 1: [[Name, Address]]
- Co-Agent 2: [[Name, Address]]
If Co-Agents are appointed, they shall act:
- [ ] Independently (either may act alone); OR
- [ ] Jointly (both must agree to any action).
PART 2 - DURABILITY AND EFFECTIVE DATE
2.1 Durability.
Select one:
- [ ] DURABLE POWER OF ATTORNEY (Recommended): This Power of Attorney is durable pursuant to 12 Del. C. § 49A-104 and shall NOT be terminated by my subsequent incapacity, disability, or incompetence. The following statutory language appears as required:
> "THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY THE PRINCIPAL'S SUBSEQUENT DISABILITY OR INCAPACITY, OR BY THE LAPSE OF TIME, UNLESS THE POWER OF ATTORNEY ITSELF PROVIDES FOR TERMINATION ON ACCOUNT OF DISABILITY, INCAPACITY OR LAPSE OF TIME."
- [ ] NON-DURABLE POWER OF ATTORNEY: This Power of Attorney terminates upon my incapacity, disability, or incompetence.
2.2 Effective Date.
Select one:
- [ ] IMMEDIATELY EFFECTIVE: This Power of Attorney is effective upon my signature and proper execution.
- [ ] SPRINGING POWER OF ATTORNEY: This Power of Attorney becomes effective only upon a written determination of my incapacity by [[one / two]] licensed physician(s) who have examined me within [[90 / 30]] days before the date the Agent acts. A copy of each physician's written statement shall be attached each time the Agent acts under this authority. (12 Del. C. § 49A-109 - springing powers are permitted under Delaware's UPOAA).
PART 3 - GRANT OF POWERS
Instructions: Initial only the lines granting authority you wish your Agent to have. Unmarked lines grant NO authority.
3A - General Financial Powers
| Initial | Power | Description |
|---------|-------|-------------|
| ______ | Banking and Financial Institutions | Open, close, manage checking, savings, money market, and investment accounts; deposit and withdraw funds; endorse checks; access safe-deposit boxes. |
| ______ | Real Estate | Buy, sell, lease, encumber, and manage real property; execute deeds, mortgages, releases; pay property taxes and assessments; negotiate and close real estate transactions. |
| ______ | Personal Property | Buy, sell, lease, manage, and transfer personal property and vehicles. |
| ______ | Business Operations | Operate, manage, sell, or wind down any business interest of Principal. |
| ______ | Insurance and Annuities | Purchase, cancel, borrow against, and collect proceeds from insurance and annuities; pay premiums. |
| ______ | Claims and Litigation | Assert, prosecute, defend, and settle legal claims, arbitrations, and administrative proceedings. |
| ______ | Tax Matters | Prepare and file federal (IRS) and Delaware state tax returns; respond to audits; make tax elections; receive refunds. |
| ______ | Retirement Plans | Manage IRAs, 401(k)s, and other retirement accounts; make contributions and withdrawals subject to IRS rules. |
| ______ | Government Benefits | Apply for, receive, and manage Social Security, Medicare, Medicaid, veterans' benefits, and other government entitlements. |
| ______ | Trusts and Estates | Manage interests in trusts and estates; act as trustee if permitted; receive fiduciary distributions. |
| ______ | Digital Assets | Access, manage, and transfer digital assets (bank accounts, cryptocurrency, online accounts, domain names), pursuant to Delaware's RUFADAA (12 Del. C. §§ 5001-5017). |
| ______ | All Other Financial Matters | Take any other lawful action with respect to Principal's financial affairs that Principal could personally take. |
3B - HOT POWERS (Require Express Individual Initialing)
WARNING: The following powers are NOT included in any general grant. They may expose Principal's estate to significant risk or tax consequences. Initial ONLY after careful consideration. Consult a Delaware estate planning attorney.
| Initial | Hot Power | Description |
|---------|-----------|-------------|
| ______ | Gifts to Agent or Agent's Family | Make gifts to Agent, Agent's spouse/domestic partner, or Agent's descendants, up to the IRS annual exclusion ($[[Current IRS Annual Gift Exclusion Amount, e.g., $18,000 per donee - verify current limit with IRS]] per donee per year). |
| ______ | Gifts to Third Parties | Make gifts to persons other than Agent's family in amounts up to $[[Annual Exclusion Amount]] per donee per year OR up to $[[Larger specified amount, if any]]. |
| ______ | Change Beneficiary Designations | Change beneficiary designations on life insurance, retirement accounts (IRA, 401(k)), annuities, bank POD, and investment TOD accounts. |
| ______ | Create or Amend Trusts | Create, amend, revoke, or terminate a revocable trust naming Principal as grantor; fund trust with Principal's assets. |
| ______ | Amend Joint Tenancy | Change the form of ownership of property held in joint tenancy or tenancy by the entirety. |
| ______ | Disclaim Interests | Disclaim or refuse any inheritance, bequest, or benefit on behalf of Principal. |
| ______ | Exercise Fiduciary Authority | Exercise any authority Principal may have as trustee, personal representative, or other fiduciary, where permitted by the governing instrument. |
| ______ | Self-Dealing Transactions | Engage in transactions between Agent (in individual capacity) and Principal with independent oversight of [[Successor Agent / Named Co-Agent]]. |
Gift Parameters:
- Maximum gift per donee per year: $[[IRS Annual Exclusion Amount]] (or as otherwise specified: $[[Amount]]).
- Gifts to Agent personally require concurrent approval by: [ ] Successor Agent; [ ] Co-Agent; [ ] Not required.
PART 4 - AGENT'S FIDUCIARY DUTIES (12 Del. C. § 49A-114)
Agent shall:
- (a) Act in good faith and in the Principal's best interest;
- (b) Act within the scope of authority granted;
- (c) Exercise the care, competence, and diligence of a reasonable agent in similar circumstances;
- (d) Keep accurate records of all transactions;
- (e) Preserve the Principal's estate plan to the extent the Agent knows it;
- (f) Cooperate with any healthcare agent named in a Delaware Advance Healthcare Directive;
- (g) Avoid conflicts of interest and promptly disclose any actual or potential conflict;
- (h) Not delegate Agent's authority except where expressly authorized or required.
Agent shall NOT:
- (i) Comingle Principal's assets with Agent's personal assets;
- (ii) Use Principal's assets for Agent's personal benefit except as expressly authorized herein;
- (iii) Act on Principal's behalf after Principal's death.
PART 5 - ACCOUNTING
Agent's Accounting Obligation. Agent shall maintain detailed records of all transactions and shall provide a written accounting to:
- (a) Principal, upon request;
- (b) Any successor agent, upon succession;
- (c) Any court or conservator having jurisdiction over Principal, upon order;
- (d) Principal's personal representative or trustee, upon Principal's death.
Accounting shall be provided within [[30 / 60]] days of written request.
PART 6 - AGENT COMPENSATION
Select one:
- [ ] No Compensation - Agent serves without pay.
- [ ] Expense Reimbursement Only - Agent is reimbursed reasonable, documented out-of-pocket expenses.
- [ ] Reasonable Compensation - Agent is paid at a rate of $[[Hourly Rate]] per hour, or $[[Monthly Fee]] per month, subject to annual review by an independent party.
PART 7 - REVOCATION AND TERMINATION
This Power of Attorney is revoked by:
- (a) Principal's written, signed revocation delivered to Agent;
- (b) Principal's death;
- (c) Appointment of a guardian of Principal's property by a Delaware court (unless court orders otherwise - 12 Del. C. § 49A-108);
- (d) Any termination date or event specified herein: [[Date or "None"]];
- (e) Divorce or annulment of marriage between Principal and Agent-spouse (unless POA expressly provides otherwise - 12 Del. C. § 49A-110).
Revocation Procedure: To protect third parties, Principal should:
1. Deliver signed revocation to Agent;
- Notify all financial institutions, parties, and government agencies holding a copy;
- Request return or destruction of all copies;
- Record a revocation notice in the county land records if this POA was used for real estate (12 Del. C. § 49A-119).
PART 8 - THIRD-PARTY RELIANCE (12 Del. C. § 49A-119)
Third parties who rely in good faith on this Power of Attorney are protected from liability, even if this document has been revoked or modified, unless they had actual notice of revocation. Agent may provide an Agent Certification (Part 9) to facilitate third-party reliance.
PART 9 - AGENT CERTIFICATION (For Use at Time of Acting)
(12 Del. C. § 49A-302)
I, [[Agent Full Legal Name]], certify under penalty of perjury that:
- The Principal named in this Power of Attorney, [[Principal Full Legal Name]], is alive as of the date signed below;
- I have no actual knowledge that this Power of Attorney has been revoked, suspended, or terminated;
- I have no actual knowledge that a springing condition (if applicable) has failed to occur;
- My authority under this Power of Attorney is in full force; and
- I am acting within the scope of authority granted to me.
Agent Signature: ______________________________
Printed Name: [[Agent Full Legal Name]]
Date: ______________________________
(Notarization, if required by the receiving institution) ______________________________
PART 10 - EXECUTION AND ACKNOWLEDGMENT
Delaware Execution Requirements (12 Del. C. § 49A-105):
A Delaware statutory financial Power of Attorney must be:
1. Signed by the Principal (or at Principal's direction and in Principal's presence if Principal cannot physically sign); AND
- Acknowledged before a Notary Public or other person authorized to take acknowledgments.
Two witnesses are not required by Delaware's UPOAA but are strongly recommended as best practice.
PRINCIPAL'S SIGNATURE
I, [[Principal Full Legal Name]], declare that this is my Statutory Financial Power of Attorney, that I sign it willingly as my free and voluntary act, and that I am of legal age and sound mind.
Signature: ______________________________
Printed Name: [[Principal Full Legal Name]]
Date: ______________________________
NOTARIAL ACKNOWLEDGMENT - STATE OF DELAWARE
State of Delaware
County of [[County Name]]
On this [[Day]] day of [[Month, Year]], before me personally appeared [[Principal Full Legal Name]], personally known to me (or proved to me on the basis of satisfactory identification), and acknowledged that they executed this Power of Attorney as their free and voluntary act.
Notary Public: ______________________________
Printed Name: ______________________________
Commission Expires: ______________________________
[NOTARY SEAL]
OPTIONAL WITNESSES (Recommended; not required by statute)
Witness 1: ______________________________
Printed Name: [[Witness 1 Name]]
Address: [[Address]]
Date: ______________________________
Witness 2: ______________________________
Printed Name: [[Witness 2 Name]]
Address: [[Address]]
Date: ______________________________
(Witnesses should not be: the Agent, any successor agent, a relative of Principal or Agent, or any person who would benefit from Principal's estate.)
> DISCLAIMER: This document is a template for informational purposes only and does not constitute legal advice. Delaware's Uniform Power of Attorney Act (12 Del. C. §§ 49A-101 to 49A-402) governs this form; requirements may change. Hot-powers grants can have significant estate and gift tax implications - consult a Delaware-licensed attorney before executing. No attorney-client relationship is created by use of this template.
Sources (as of June 2026):
- Delaware Uniform Power of Attorney Act, 12 Del. C. §§ 49A-101 to 49A-402 (enacted 2012)
- 12 Del. C. § 49A-104 (durability)
- 12 Del. C. § 49A-105 (execution requirements)
- 12 Del. C. § 49A-108 (termination by guardianship)
- 12 Del. C. § 49A-109 (springing powers)
- 12 Del. C. § 49A-110 (termination by divorce)
- 12 Del. C. § 49A-114 (agent duties)
- 12 Del. C. § 49A-119 (third-party reliance)
- 12 Del. C. §§ 5001-5017 (RUFADAA - digital assets)
- IRS Annual Gift Tax Exclusion, I.R.C. § 2503(b) - verify current exclusion amount
- Uniform Power of Attorney Act (2006) - model for Delaware's adoption
