 | Delaware Limited (Special) Power of Attorney Form |
The Delaware Limited (Special) Power of Attorney Form is a binding agreement between a Principal and an Agent (or Attorney-in-Fact) which bestows specific power unto the Agent to perform acts on behalf of the Principal. The act for which power of attorney is granted must be relayed in detail within the document; the more specific and detailed the Principal can be in this case, the better.
It should be noted that the form must be signed by the Principal or by another individual in the presence of the Principal and at the Principal’s direction. The signing must take place in front of a Notary Public and one (1) witness who is neither the Agent nor someone directly related to him/her (§ 49A-105).
How To Write
1 – Download the PDF
The Principal should download the form directly from this page, then begin by carefully reading the sections titled:
- I. Notice
- II. Incapacitation
- III. Revocation
- IV. Witness & Notary
2 – The Principal Granting Authority
Item V, titled “Principal,” will need several spaces to be filled in with accurate information:
- “Name of Principal” must have the full name of the Principal entered on it
- “Street Address of Principal” will require the Building Number, Street Name, and any applicable Unit Number of the Principal’s residential address
- “City of” and “State of” must have the City and State (respectively) of the Principal’s residential address supplied
3 – Delegation of Attorney-In-Fact and Successor(s)
The Principal will now need to fill in several spaces to satisfy the requirements of Item VI, titled “Attorney-in-Fact.” Supply each blank in this section with the information it requires by label:
- Name of Attorney-in-Fact/Agent
- Physical Street Address of Attorney-in-Fact’s residential address (Building Number/Street/Suite Number)
- City of Attorney-in-Fact’s residential address
- State of Attorney-in-Fact’s residential address
- State where this document was executed and has authority in
- The Principal must list the powers granted to this individual on the blank line labeled “A Detailed Description of Exact Powers Granted”
The Successor Attorney-in-Fact is the default Agent, if the individual reported in Item VI resigns from authority, is unable to retain it, and/or is revoked, the Successor Attorney-in-Fact will assume the authority in this document. This section is optional. If the Principal has chosen a Successor Agent, the blank spaces below must be satisfied:
- Name of Successor Attorney-in-Fact/Agent
- Street Address of Successor Attorney-in-Fact/Successor Agent’s residence
- City of the Successor Attorney-In-Fact/Successor Agent’s residence
- State of the Successor Attorney-in-Fact/Successor Agent’s residence
- State where this document was executed and is legally recognized
- A report on the specific powers granted to the Successor Attorney-In-Fact/Successor Agent on the blank line titled “A Detailed Description of Exact Powers Granted
3 – Principal Review of Terms
The Principal should review the conditions of the next section, carefully. These statements will provide such information as regarding the results of this document and how it will be treated. The Principal must familiarize him or herself with the following sections:
- VIII. Terms & Conditions
- IX. Third Parties
- X. Compensation
- XI. Disclosure
4 – Execution By Signature
Prior to providing any signatures, all who will sign the document must be present to sign the document before a notary. Once the services of a notary have been acquired and everyone is before the notary provide the following, beginning with Item XII, titled “Principal’s Signature:”
- The printed name of the Principal on the space “Printed Name of Principal”
- The Calendar Day of execution on the space labeled “Day”
- The Calendar Month and Year of execution on the space labeled “Month”
- The Principal’s Signature on the space labeled “Signature of Principal”
Item XIII, titled “Attorney-In-Fact’s Signature,” will have several areas that will need attention:
- Name of Attorney-In-Fact on the first blank space (following the word “I,”
- The Attorney-In-Fact’s Signature on the “Signature of Attorney-In-Fact” signature line
- The date the Attorney-In-Fact physically signed this document
If there is a Successor Attorney-In-Fact/Successor Agent elected by the Principal, then Item XIV, titled “Successor Attorny-In-Fact’s Signature” will also have spaces that must be satisfied:
- The “Name of Successor Attorney-In-Fact” must have this individual’s name filled in
- The Successor Attorney-In-Fact must sign the “Signature of Successor Attorney-In-Fact” signature line
- The Signature Date of the Successor Attorney-In-Fact’s signing must be reported on the last space
The Witnesses attending this signing must verify their presence by satisfying the requirements in the “Witness Attestation” section:
- The name of the First Witness must be printed on the first blank space in this paragraph
- The name of the Second Witness must be printed on the second blank space in this paragraph
- The First Witness must sign the blank space in the lower left (“Signature of First Witness”)
- The Second Witness must sign the blank space in the lower right (“Signature of Second Witness”)
5 – Agent Acceptance
The Attorney-In-Fact must locate the “Acknowledgment and Acceptance of Appointment as Attorney-in-Fact” statement to satisfy its requirements:
- The printed name of the Attorney-in-Fact must appear on the first blank space
- The Attorney-In-Fact must supply his or her Signature and Signature Date on the spaces after this paragraph
If a Successor Attorney-in-Fact has been listed in this document, then he or she must locate, read, and supply the items in the “Acceptance of Appointment as successor Attorney-in-Fact” statement:
- The printed name of the Successor Attorney-In-Fact must be presented on the first blank space
- The Successor Attorney-In-Fact must Sign his or her name then Date the signature at the end of this paragraph
