Power of Attorney Requirements in Delaware
Delaware requires a durable personal power of attorney to be in writing, dated, and signed in the presence of a notarial officer and one adult witness who is not related to the principal or entitled to part of the principal's estate.
Last checked . General information, not legal advice.
Delaware at a glance
- Notarization
- Required
- Witnesses
- 1 witness
- In addition to the notary
- Uniform Power of Attorney Act
- Not adopted
- Delaware uses its own statute
The rules in Delaware
Does a power of attorney need to be notarized in Delaware?
Delaware requires a power of attorney to be acknowledged before a notary and signed in front of one witness.
How many witnesses does a power of attorney need in Delaware?
One, in addition to the notary.
Has Delaware adopted the Uniform Power of Attorney Act?
No. Delaware has its own power of attorney statute rather than the Uniform Power of Attorney Act.
Where do the Delaware rules for powers of attorney come from?
They come from Del. Code tit. 12, ch. 49A, subchapter I and Uniform Law Commission, Power of Attorney Act enactment map. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How Delaware compares
Delaware is one of 24 jurisdictions that require notarization.
What this means in practice
Even where notarization is optional, banks, brokers and title companies often ask for a notarized power of attorney before they act on it. Notarizing is usually the safer choice.
Choose an agent you trust, name a backup, and give the agent a signed copy. Keep the original in a place your agent can reach.
You can revoke a power of attorney while you have capacity. Tell your agent and anyone who relied on it, in writing.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.