 | Delaware Real Estate ONLY Power of Attorney Form |
The Delaware Real Estate Only Power of Attorney Form is a document that a Principal (title holder/owner) of real property may use to assign an Agent to care for or to handle transactions for the sale, purchase, management, refinance or any other actions needed with regard to real property, on behalf of the Principal. The Agent must treat the property respectfully as the Principal will provide this document because they will be ill or absent. This document must be notarized and attested by at least one witness. The document may be revoked at the discretion of the Principal.
How to Write
1 – Download the Required Form
You may download this form by locating the button labeled “Adobe PDF” near the top, then saving this file to your computer. When you are ready to fill out this form, it may be edited onscreen with a form friendly browser or with a PDF program.
2 – Supply Introductory Information
The first paragraph of this page will supply the necessary language for this document, but will require that each blank space be filled in with the information it requests. This information is specific to the parties engaging in this document. Fill in the requested information in the following areas:
- Locate the first blank space then, report the name of the Principal (granting authority)
- The second space in this paragraph must have the Principal’s Street Address filled in
- Utilize the blank spaces following “City of” and “State of” to display the name of the City and State where the Principal’s Address is
- On the blank space, between the phrase “hereby appoint” and the label “Full Name,” enter the Attorney-in-Fact’s Name (agent being granted authority)
- The three blank spaces following the Attorney-in-Fact’s Name must present the Street Address, City, and State where this entity is located
3 – Define the Real Estate Powers Being Granted
The “Assignment of Authority” section (Article I) will present several statements for review. Each statement will begin with a blank space, a check box, and the Subject Matter that statement addresses. Each Subject Matter will define the type of power being granted to the Agent or Attorney-In-Fact. If the Principal wishes to assign the power or authority (defined by the Subject Matter) to the Agent, then he or she must Initial the blank space and check the box for that statement. The Principal must then define the property where the Agent may act with Principal Authority by documenting the Address on the first blank space then, on the second blank space, the Premises’ Legal Description. Review the statements beginning with the words:
- Sale
- Purchase
- Management
- Refinancing
4–Defined, Durable, and Non-Durable Terms
It is imperative the Principal granting this authority be specific as to when the Agent may assume and retain the powers being granted. Non-durable power of attorneys will terminate automatically if the Principal revokes the power, is rendered incapacitated, or passes away. A durable power of authority will terminate automatically only upon the revocation or upon the Principal’s Death. The option to name a specific Date of Termination will also be provided. Locate the “Term” section (Article III) and choose the appropriate period of effect by marking the appropriate choices:
- The Principal may select a beginning and ending date, initialing the space in the first space then checking the box and entering the termination date
- If the Principal prefers a non-durable option, the second blank space must be initialed and the corresponding check box must be marked
- Initial the third blank space and check the corresponding box if the Principal wishes this power of attorney to be durable
5 – Replacing Existing Powers With This Document
Once this document is signed, all conflicting powers held by previously named agents will cease. This enables the facts in this document to go into effect. This may only be done by the required Signatures being executed before a Notary Public in “Revocation” (Article VI). Locate this section then satisfy its request for the following items:
- Date Signatures, in dd/mm/yyyy format must be reported on the blank spaces in the statement containing the phrase “…executed this instrument…”
- The “Principal’s Signature” must be supplied along with the Printed Name of the Principal
- On the next line, the “Agent’s Signature” must be furnished along with the Printed Name of the Agent
- Witness I and Witness II must supply their full Name, Signature, and Printed Name in the “Affirmation By Witness I” and Affirmation By Witness II” paragraphs (respectively)
Once the Notary has witness all signatures, they shall complete the remaining notary’s required information and apply the official seal. The attending Notary is the only party who may complete the “Notary Acknowledgment” page. Following this page will be the “Acceptance By Agent” statement. The Agent receiving authority from the Principal must:
- Read the Statement
- Acknowledge it by Signing his or her Name
- Print his or her Name
