General Durable Power of Attorney Page 1 of 8
Parcel No.: ___________________________________
Prepared by: ___________________________________
Return to: ___________________________________
___________________________________
___________________________________
____________________________________________ ________
GENERAL DURABLE POWER OF ATTORNEY
THE POWERS YOU GRANT BELOW ARE EFFECTIVE
EVEN IF YOU BECOME DISABLED OR INCOMPETENT
The purpose of this power of attorney is to g ive the person you designate (your "Agent'')
broad powers to handle your property, which may include powers to sell, dispose of, or
encumber any real or personal property without advance notice to you or approval by you.
This power of attorney does not authorize your Agent to make health -care decisions for
you.
Unless you specify otherwise, your Agent's authority will continue even if you become
incapacitated, or until you die or revoke the power of attorney, or until your Agent resigns
or is unable to a ct for you. You should select someone you trust to serve as your Agent.
This power of attorney does not impose a duty on your Agent to exercise granted powers,
but when powers are exercised, your Agent must use due care to act for your benefit and in
accor dance with this power of attorney.
Your Agent must keep your funds and other property separate from your Agent's funds
and other property.
A court can take away the powers of your Agent if it finds your Agent is not acting
properly.
The powers and duties o f an Agent under a durable power of attorney are explained more
fully in Delaware Code, Title 12, Chapter 49A, Section 49A -114 and Sections 49A -201
through 49A -217.
If there is anything about this form that you do not understand, you should ask a lawyer of
your own choosing to explain it to you.
General Durable Power of Attorney Page 2 of 8
I have read or had explained to me this notice and I understand its contents.
____________ ________________________ Principal ________ ____ Date
DURABLE PERSONAL POWER OF ATTORNEY FORM INSTRUCTIONS
As the person comp leting this form, you are the Principal. This form gives another person the
power to act on your behalf. The other person is your Agent.
This form allows you to designate: (1) one Agent at a time and up to two Agents in succession;
(2) two or more Agents w ho may act independently of each other (Concurrent Agents); or (3)
two or more Agents who must act together (Joint Agents).
If your Agent is unable or unwilling to act for you, your power of attorney will end unless you
have named a successor Agent(s).
IF YOU HAVE QUESTIONS ABOUT THIS POWER OF ATTORNEY OR THE
AUTHORITY YOU ARE GRANTING TO YOUR AGENT(S), YOU SHOULD SEEK LEGAL
ADVICE BEFORE COMPLETING AND SIGNING THIS FORM.
DESIGNATION OF AGENT
I, ______________________________________________________ , (Name of Principal), name
the following person(s) as my
Agent(s): __________ ____________________________________________
Name of Agent: ______________________________________________________
Agent's Address: ______________________________________________________
Agent's Telephone Number: ______________________________________________________
DESIGNATION OF ADDITIONAL OR SUCCESSOR AGENTS (OPTIONAL)
Name of Agent: ______________________________________________________
Agent's Address: ______________________________________________________
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Agent's Telephone Number: ______________________________________________________
Name of Agent: ______________________________________________________
Agent's Address: ______________________________________________________
Agent's Telephone Number: ______________________________________________________
If I have named more than one Agent above, I intend for those Agents to:
_____ Act successively, one after the other
_____ Act concurrently, independent of each other
_____ Act jointly, not independent of each other
EFFECTIVE DATE
You must sign ONE of these two choices:
______________________________________________________ This power of attorney
(Sign here if this is your choice) is effective immediately, and shall not be affected by my
subsequent incapacity.
______________________________________________________ This power of attorney
(Sign here if this is your choice) is effective only if and while I am incapacitated as determined
under 12 Del. C. § 49A -109(c).
GRANT OF GENERAL AUTHORITY
I grant my Agent and any s uccessor Agent general authority to act for me with respect to the
following powers described in more detail as defined in the Durable Personal Power of
Attorney Act, Delaware Code, Title 12, Chapter 49A.
You should READ the terms of each category of powe r or authority before granting any of them
to your Agent. A full explanation of each power or authority is in the Delaware Code. The
General Durable Power of Attorney Page 4 of 8
Delaware Code is available online. Search: Delaware Code, Title 12, Chapter 49A, and then go
to the number next to the cate gory. Example: Real Property, Section (§) 49A -204. The Delaware
Code may also be available at your local library.
INITIAL each category you want to include in the Agent's general authority.
CROSS OUT each category you do not want to include in the Agent's general authority.
If you do not initial a category listed below, powers associated with that category will NOT be
included as part of your Agent's general authority.
_____ Real Property § 49A -204
_____ Tangible Personal Property § 49A -205
_____ Stocks and Bonds § 49A -206
_____ Commodities and Options § 49A -207
_____ Banks and Other Financial Institutions § 49A -208
_____ Operation of Entity or Business § 49A -209
_____ Insurance and Annuities § 49A -210
_____ Estates, Trusts, and Othe r Beneficial Interests § 49A -211
_____ Claims and Litigation § 49A -212
_____ Personal and Family Maintenance § 49A -213
_____ Benefits from Governmental Programs or Civil or Military Service § 49A -214
_____ Retirement Plans § 49A -215
_____ Ta xes § 49A -216
GRANT OF SPECIFIC AUTHORITY (OPTIONAL) PROCEED WITH CAUTION
Giving your Agent any of the following powers will give your Agent the authority to take actions
that could significantly reduce your property or change how and to whom your property is
distributed at your death.
You should READ the terms describing each power before granting any of them to your Agent.
INITIAL each power you want to include in the Agent's authority.
General Durable Power of Attorney Page 5 of 8
CROSS OUT each power you do not want to include in the Agent's authority.
If you do not initial a power listed below, it will NOT be included as part of your Agent's
specific authority.
_____ Create, amend, revoke, or terminate an inter vivos trust
_____ Make a gift in excess of the limitations in the Durable Personal Power of
Attorney Act, 12 Del. C. § 49A -217
_____ Create or change r ights of survivorship
_____ Create or change a beneficiary designation
_____ Delegate authority granted under the power of attorney when all successor
Agents have resigned, died, become incapacitated, are no longer qualified to serve, or have
declined to serve
_____ Exercise fiduciary powers that the Principal has authority to delegate
_____ Reject, renounce, disclaim, release, o r consent to a reduction in or modification
of a share in or payment from estate, trust, or other beneficial interest
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my Agent, may rely upon this power of attorney or a copy of it unless that
person knows it has terminated or is invalid.
SIGNATURE AND ACKNOWLEDGMENT
IF YOU HAVE QUESTIONS ABOUT THIS POWER OF ATTORNEY OR THE
AUTHORITY YOU ARE GRANTING TO YOUR AGENT(S), YOU SHOULD SEEK LEGAL
ADVICE BEFORE SIGNING THIS FORM.
IN WITNESS WHEREOF, I have hereunto set my Hand and Seal this _____ day of
_______________ , 20 _____ .
_________ __________ ____ ______________ _____________
Witness Signature Signature of Principal
___________________________ ___________________________
Witness Printed Name Print ed Name of Principal Your Name
General Durable Power of Attorney Page 6 of 8
I, the witness, swear that I am not related to the Principal by blood , marriage, or adoption; and
that I am not entitl ed to any portion of the estate of the Principal under the Principal's current
will or codicil, or under any current trust instrument of the Principal
STATE OF DELAWARE :
: SS.
COUNTY OF _____________________ :
This Durable Power of Attorney was acknowledged before me by
______________________________________ this
_____ day of ___________ , 20 _____ .
Notarial Office
IMPORTANT INFORMATION FO R AGENT
Agent's Duties
When you accept the authority granted under this power of attorney , a special legal relationship
is created between you and the Principal. This relationship imposes upon you r legal duties that
continue until you resign or the power of attorney is terminated or revoked. You must:
(1) do what you know the Principal reasonably expects you to do with the Principal's
property or, if you do not know the Principal's expectations, act in the Principal's best interest;
(2) act in g ood faith;
(3) do nothing beyond the authority granted in this power of attorney ; and
(4) disclose your identity as an Agent whenever you act for the Principal by writing or
printing the name of the Principal and signing your own name as "Agent'' in th e following
manner:
_______________ _______________
(Principal's Name) by
(Your Signature) as Agent
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Except as otherwise provided in the power of attorney , you must also:
(1) not act for your own benefit;
(2) avoid conflicts that would impair your ability to act in the Principal's best interest;
(3) act with care, competence, and diligence;
(4) keep a record of all receipts, disbursements, and transactions made on behalf of the
Principal;
(5) cooperate with any person who has authority to make health -care decisions for the Principal;
and
(6) not act in a manner inconsistent with the Principal's testamentary plan.
Termination of Agent's Authority
You must stop acting on behalf of the Principal i f you learn of any event that terminates this
power of attorney or your authority under this power of attorney . Events that terminate this
power of attorney or your authority to act under it include:
(1) death of the Principal;
(2) the Principal's revocati on of the power of attorney or your authority;
(3) the occurrence of a termination event stated in the power of attorney ;
(4) the purpose of the power of attorney is fully accomplished; or
(5) an action is filed with a court for your separation, annulment, or divorce from the Principal,
unless the Principal otherwise provided in the power of attorney that such action will not
terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Durable Personal Power of
Attorney Act, Delaware Code, Title 12, Chapter 49A. If you violate the Durable Personal Power
of Attorney Act, Delaware Code, Title 12, Chapter 49A, or act outside the authority granted, you
may be liable for any damages caused by your violation.
If there is anything about this document or your powers, authority, or duties as Agent that you do
not understand, you should seek legal advice.
General Durable Power of Attorney Page 8 of 8
AGENT'S CERTIFICATION
I, ________________________________________ (Name of Agent), have read the attached
durable personal power of attorney and I am the person identified as the Agent or identified as
the Agent for the Principal. To the best of my knowledge this power has not been revoked. I
hereby acknowledge that, whe n I act as Agent, I shall:
Act in accordance with the principal's reasonable expectations to the extent actually known to me
and, otherwise, in the Principal's best interest;
Act in good faith;
Act only within the scope of authority granted in the personal power of attorney ; and
To the extent reasonably practicable under the circumstances, keep in regular contact with the
principal and communicate with the principal.
In addition, in the absence of a specific provision to the contrary in the durable personal power of
attorney , when I act as Agent, I shall:
Keep the assets of the Principal separate from my assets;
Exercise reasonable caution and prudence; and
Keep a full and accurate record of all actions, receipts and disbursements on behalf of the
Prin cipal.
________ ______________ _______ ___________
Agent Signature Date
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