Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

12 Del. C. § 49A-104: Power of attorney is durable.

Where this section sits in the code

Title 12. Decedents’ Estates and Fiduciary Relations
Fiduciary Relations
CHAPTER 49A. Durable Personal Powers of Attorney Act
Subchapter I. General Provisions

A power of attorney is durable if it contains the words: “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or “This power of attorney shall become effective upon the incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent incapacity.

Collected 2026-09-05T23:02:16Z. Source file · JSON

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