Delaware · 12 Del. C. §§49A-105–49A-120Delaware power of attorney at closing: notary, one disinterested witness and the duty to accept

Under Delaware's Durable Personal Powers of Attorney Act, a personal power of attorney must be in writing; signed by the principal, or by someone signing the principal's name in the principal's presence at the principal's express direction; dated; signed in the presence of a notarial officer; and signed in the presence of one adult witness who isn't related to the principal by blood, marriage or adoption and isn't entitled to any part of the principal's estate under a will, codicil or trust (12 Del. C. §49A-105(a)). It may begin with a statutory notice signed by the principal; without one, if the agent's authority is challenged, the agent has the burden of showing the power is valid (§49A-105(b)). A photocopy or electronically transmitted copy has the same effect as the original unless another statute provides otherwise (§49A-106(d)). A person that in good faith accepts an acknowledged personal power of attorney without actual knowledge of a problem may rely on it, and may request a sworn English translation (§49A-119). It must accept an acknowledged power written in or translated into English, may not require an additional or different form, and may not refuse it only because it varies from the statutory form – unless an exception applies, such as actual knowledge that it was terminated, revoked or is invalid, or a report of suspected abuse (§49A-120(a)–(b)). A wrongful refusal can bring a court order compelling acceptance and liability for damages, including reasonable attorneys' fees and costs (§49A-120(c)).