A Delaware Financial Power of Attorney serves to protect your financial interests when and if you become incapacitated. Through this document you name an Agent, also known as the Attorney-In-Fact, to watch over your financial affairs.
Execution – This form is required to be signed in the presence of a notary public with the principal and a witness that is not related by blood, marriage, or is named in the estate (e.g. last will and testament, living trust, codicil, etc.)
Statutory Form – § 49A-105
In Delaware, the form can be devised to take effect immediately. If this route is chosen, it must also be specified to be durable, or it terminates automatically when and if you become incapacitated. More typical is a “Springing” durable Power of Attorney, which only goes into effect once your physician is forced to concede that you have become incapacitated.