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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT
Subchapter II. Authority

(4) Eligibility for a benefit, a program, or assistance under a statute or regulation; and (6762)

(5) The principal's personal history of making or joining in making gifts. (6763)

(77 Del. Laws, c. 467, Sec. 4.) (6764)

Decedents' Estates and Fiduciary Relations Fiduciary Relations (6765)

Subchapter III. Statutory Forms (6766)(Text)

Sec. 49A-301. Statutory form durable personal power of attorney; agent's certification (6767)(Text)

(6768)

As the person signing this durable power of attorney you are the Principal. (6769)

The purpose of this power of attorney is to give the person you designate (6770)

(your "Agent") broad powers to handle your property, which may include powers (6771)

to sell, dispose of, or encumber any real or personal property without advance (6772)

notice to you or approval by you. (6773)

This power of attorney does not authorize your Agent to make health-care (6774)

decisions for you. (6775)

Unless you specify otherwise, your Agent's authority will continue even if you (6776)

become incapacitated, or until you die or revoke the power of attorney, or (6777)

until your Agent resigns or is unable to act for you. You should select (6778)

someone you trust to serve as your Agent. (6779)

This power of attorney does not impose a duty on your Agent to exercise (6780)

granted powers, but when powers are exercised, your Agent must use due care to (6781)

act for your benefit and in accordance with this power of attorney. (6782)

Your Agent must keep your funds and other property separate from your Agent's (6783)

funds and other property. (6784)

A court can take away the powers of your Agent if it finds your Agent is not (6785)

acting properly. (6786)

The powers and duties of an Agent under a durable power of attorney are (6787)

explained more fully in Delaware Code, Title 12, Chapter 49A, Section 49A-114 (6788)

and Sections 49A-201 through 49A-217. (6789)

If there is anything about this form that you do not understand, you should (6790)

ask a lawyer of your own choosing to explain it to you. (6791)

I have read or had explained to me this notice and I understand its contents. (6792)

________________________ ______________ ______ (6793)

Principal Date Date (6794)

As the person completing this form, you are the Principal. This form gives (6795)

another person the power to act on your behalf. The other person is your (6796)

Agent. (6797)

This form allows you to designate: (1) one Agent at a time and up to two (6798)

Agents in succession; (2) two or more Agents who may act independently of each (6799)

other (Concurrent Agents); or (3) two or more Agents who must act together (6800)

(Joint Agents). (6801)

If your Agent is unable or unwilling to act for you, your power of attorney (6802)

will end unless you have named a successor Agent(s). (6803)

IF YOU HAVE QUESTIONS ABOUT THIS POWER OF ATTORNEY OR THE AUTHORITY YOU ARE (6804)

GRANTING TO YOUR AGENT(S), YOU SHOULD SEEK LEGAL ADVICE BEFORE COMPLETING AND (6805)

SIGNING THIS FORM. (6806)

DESIGNATION OF AGENT (6807)

I, ________________________, name the following person(s) as my (6808)

(Name Name of Principal) (6809)

Agent(s): (6810)

Name of Agent: ____________________________________________ (6811)

Agent's Address: ___________________________________________ (6812)

Agent's Telephone Number: __________________________________ (6813)

DESIGNATION OF ADDITIONAL OR SUCCESSOR AGENTS (6814)

(OPTIONAL) (6815)

Name of Agent: ____________________________________________ (6816)

Agent's Address: ___________________________________________ (6817)

Agent's Telephone Number: __________________________________ (6818)

Name of Agent: ____________________________________________ (6819)

Agent's Address: ___________________________________________ (6820)

Agent's Telephone Number: __________________________________ (6821)

If I have named more than one Agent above, I intend for those Agents to: (6822)

________ Act successively, one after the other (6823)

________ Act concurrently, independent of each other (6824)

________ Act jointly, not independent of each other (6825)

You must sign ONE of these two choices: (6826)

______________________________ This power of attorney (6827)

(Sign here if this is your choice) (6828)

is effective immediately, and shall not be effected by my subsequent (6829)

incapacity. (6830)

______________________________ This power of attorney (6831)

(Sign here if this is your choice) (6832)

is effective only if and while I am incapacitated as determined under 12 Del. (6833)

C. Sec. 49A-109(c). (6834)

I grant my Agent and any successor Agent general authority to act for me with (6835)

respect to the following powers described in more detail as defined in the (6836)

Durable Personal Power of Attorney Act, Delaware Code, Title 12, Chapter 49A. (6837)

You should READ the terms of each category of power or authority before (6838)

granting any of them to your Agent. A full explanation of each power or (6839)

authority is in the Delaware Code. The Delaware Code is available online. (6840)

Search: Delaware Code, Title 12, Chapter 49A, and then go to the number next (6841)

to the category. Example: Real Property, Section (Sec. ) 49A-204. The Delaware (6842)

Code may also be available at your local library. (6843)

INITIAL each category you want to include in the Agent's general authority. (6844)

CROSS OUT each category you do not want to include in the Agent's general (6845)

authority. (6846)

If you do not initial a category listed below, powers associated with that (6847)

category will NOT be included as part of your Agent's general authority. (6848)

____ Real l Property Sec. 49A-204 (6849)

____ Tangible e Personal Property Sec. 49A-205 (6850)

____ Stocks s and Bonds Sec. 49A-206 (6851)

____ Commodities s and Options Sec. 49A-207 (6852)

____ Banks s and Other Financial Institutions Sec. 49A-208 (6853)

____ Operation n of Entity or Business Sec. 49A-209 (6854)

____ Insurance e and Annuities Sec. 49A-210 (6855)

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