Delaware power of attorney form (durable)
Delaware execution rules: notarization required plus 1 witness(es) — 12 Del. C. § 49A-105; form § 49A-301. The generator builds the correct signing block automatically.
Delaware POA execution requirements
| Notarization | Required |
|---|---|
| Witnesses | 1 |
| UPOAA state | Yes |
| Statutory form | Yes |
| Statute | 12 Del. C. § 49A-105; form § 49A-301 |
| Notes | Notary plus one disinterested adult witness. |
Other states: choose any state →
Every Delaware rule we encode, with its citation
45 of 51 jurisdictions require notarization and 10 require witnesses; 35 have adopted the Uniform Power of Attorney Act. Delaware is in both groups.
| Document | Requirement | Statute |
|---|---|---|
| Eviction (nonpayment) | 5 days | 25 Del. C. § 5502 |
| Rent increase | 60 days | 25 Del. C. § 5107(a) |
| Month-to-month termination | 60 days | 25 Del. C. § 5106(d) |
| Power of attorney | Notary required + 1 witness(es) | 12 Del. C. § 49A-105; form § 49A-301 |
| Will | 2 witnesses · self-proving affidavit available | 12 Del. C. § 202 |
Each value is compiled from the cited statute and printed on the document you generate, so you or your attorney can verify it against the source.
Related forms and nearby states
Other Delaware documents
- Eviction notice (pay or quit) for Delaware — 5 days notice
- Rent increase notice for Delaware — 60 days notice
Bordering states
Rules change at the state line — if you own property in more than one, check each.
- Maryland — notary required + 2 witness(es)
- New Jersey — notary required
- Pennsylvania — notary required + 2 witness(es)
Frequently asked questions
Does a POA need to be notarized in Delaware?
Yes — see 12 Del. C. § 49A-105; form § 49A-301. Notary plus one disinterested adult witness..
Does Delaware follow the Uniform Power of Attorney Act?
Yes — agents and third parties get UPOAA protections, including acceptance rules for acknowledged POAs.
Is this POA durable?
Yes — it includes the durability language so it remains effective if you become incapacitated, which is the main reason to have one.