Power of attorney guide
Power of Attorney in Delaware
A Delaware power of attorney must be signed before a notary and one witness. Delaware publishes a statutory form (12 Del. C. §49A-301). An online notarization performed under another state's law is recognized in Delaware.
Delaware power of attorney at a glance
Notary
Required
Witnesses
One witness
Online notarization
Accepted
Statutory form
12 Del. C. §49A-301
Financial (property) power of attorney under 12 Del. C. §49A-101 et seq.. Health-care documents follow their own rule — see below. Checked 2026-10-17.
The Delaware statutory form
Delaware statutory form personal power of attorney — 12 Del. C. §49A-301. Includes a mandatory notice to the principal and an agent certification.
The statutory form is the one banks and recorders in Delaware see most often, and the one the statute requires third parties to accept when it is properly signed. A lawyer-drafted power of attorney is equally valid if it is executed the same way.
How to sign a power of attorney in Delaware
A personal power of attorney must be signed by the principal in the presence of a notary public and one adult witness (12 Del. C. §49A-105).
One adult witness in addition to the notary.
Who may not witness
- The agent
- Anyone who is also serving as the notary
The agent must sign a certification acknowledging their duties before acting (§49A-105(c)).
Online notarization in Delaware
Delaware's RULONA gives a notarial act performed in another state the same effect as a Delaware act (29 Del. C. §4324).
Rush Notary’s notaries are commissioned online notaries public in Florida and notarize for Delaware signers over live video under Florida’s remote online notarization law. The certificate they complete is a Florida certificate; Delaware honors it under the recognition rule above. Your witness can join the same session from anywhere in the United States. Details for this state are on the Delaware online notarization requirements page.
Using it for real estate
To sign a deed, the power of attorney must be acknowledged and recorded with the recorder of deeds in the county where the land lies.
Title companies also ask the agent to sign an affidavit at closing that the principal is alive and the power has not been revoked, and lenders review the document before closing. See the real estate power of attorney page.
Medical power of attorney in Delaware
A Delaware advance health-care directive (16 Del. C. §2503) must be signed before two adult witnesses; the agent, relatives, heirs and the health-care provider may not witness.
What a health-care agent can decide, and how the document differs from a living will, is on the medical power of attorney page.
Revoking a Delaware power of attorney
Written revocation delivered to the agent; record it if the original was recorded.
Delaware power of attorney forms we index
Government forms in Delaware that are powers of attorney — limited powers for permits, zoning and tax matters, and state-agency forms — each with the issuing office, the notary requirement and the PDF.
State agency forms
MV386 Power of Attorney to Transfer a Vehicle Title · Delaware Division of Motor Vehicles
Form MV386 appoints an attorney in fact to sign documents needed for motor vehicle business involving a described vehicle and includes owner signature and notary sections.
Delaware power of attorney questions
- Does a power of attorney need to be notarized in Delaware?
- A personal power of attorney must be signed by the principal in the presence of a notary public and one adult witness (12 Del. C. §49A-105).
- Does a Delaware power of attorney need witnesses?
- One adult witness in addition to the notary. The agent; Anyone who is also serving as the notary may not witness.
- Can a Delaware power of attorney be notarized online?
- Delaware's RULONA gives a notarial act performed in another state the same effect as a Delaware act (29 Del. C. §4324).
- Is there an official Delaware power of attorney form?
- Yes — the Delaware statutory form personal power of attorney (12 Del. C. §49A-301). Includes a mandatory notice to the principal and an agent certification.
- Does a power of attorney have to be recorded in Delaware?
- Only when it is used to sign a deed, mortgage or other recorded instrument. To sign a deed, the power of attorney must be acknowledged and recorded with the recorder of deeds in the county where the land lies.
- How is a medical power of attorney signed in Delaware?
- A Delaware advance health-care directive (16 Del. C. §2503) must be signed before two adult witnesses; the agent, relatives, heirs and the health-care provider may not witness.
Types of power of attorney
Durable power of attorney
Stays in force if you later lose capacity. The standard choice for long-term planning.
Medical power of attorney
Names someone to make health care decisions when you cannot. Witness rules vary by state.
Limited power of attorney
Authority for one task or one period — a closing, a permit, a vehicle sale, a trip abroad.
Financial power of attorney
Banking, bills, investments, taxes and property. Usually durable; usually on the state's statutory form.
Springing power of attorney
Takes effect only when a stated event happens — usually a doctor's finding of incapacity.
Vehicle power of attorney
Lets someone title, register or sell a car for you. Most DMVs publish their own notarized form.
Real estate power of attorney
To buy, sell, mortgage or manage property. Must be notarized and is recorded with the deed.
Power of attorney for a minor child
Lets a grandparent, relative or friend care for your child and deal with schools and doctors while you are away.
Power of attorney for vital records
Lets an agent request a birth, death or marriage certificate for you where the state allows it.
Other states
- Texas
- California
- Florida
- New York
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Sources
General information about how powers of attorney are signed, not legal advice. Execution rules are set by each state’s statute and change; the sources on each state page link to the current text. Whether a particular bank, recorder, agency or title company accepts a document is its own decision — confirm with the receiving party before signing. Rush Notary’s notaries are commissioned online notaries public in Florida who notarize for signers in every state under Florida’s remote online notarization law; see the online notarization requirements for your state.