The Delaware Power of Attorney is a legal document that allows an individual to convey legal authority to someone they trust, known as an Agent, who will make critical decisions on their behalf when they are unable or unavailable. In Delaware, Title 12, Chapter 49 dictates the requirements and limitations of power of attorney documents. According to these statutes, Principals must be at least 18 years old or older, and must have a written declaration. Furthermore, the attending physician will decide whether or not the Principal is deemed incapable of making a medical decision on their own. Lastly, the power of attorney document must be dated, signed by the Principal (or other person representing him/her), and signed by two (2) or more adult witnesses. Delaware law also protects the Principal should the attending physician disagree with his or her decisions. According to these statutes, if the attending doctor is unwilling to follow the power of attorney form, he or she must continue to provide care and not impede the transfer to another health care provider.
Completing a Delaware Power of Attorney form is a fairly simple process that only requires a few basic pieces of information. The first piece of information that the Principal will need to provide is their full name and address. This will establish the Principal's identity. Next, the Principal will declare the identity of his or her appointed Agent by providing their first and last name, along with their complete address and phone number. Once the Agent has been named, the Principal will then indicate which powers are being conveyed to the Agent. The Principal will also describe whether or not these powers are limited or durable. Once all of this information has been provided, the Principal will then sign and date the document, before having it witnessed by two (2) adults or a Notary Public.