SENATE BILL NO. 122
AS AMENDED BY
SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 12, CHAPTER 49A OF THE DELAWARE CODE RELATING TO DURABLE PERSONAL POWERS OF ATTORNEY
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 49A, Title 12 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§ 49A-120. Liability for refusal to accept acknowledged personal power of attorney.
(a) Except as otherwise provided in subsection (b) of this section:
(1) A person shall accept an acknowledged personal power of attorney that is originally written in English or is translated into English, under oath of the translator; and
(2) A person may not require an additional or different form of personal power of attorney for authority granted in the personal power of attorney presented.
(3) A person may not refuse to accept an acknowledged personal power of attorney solely upon the basis that the form of such acknowledged personal power of attorney varies from the form set forth in 49A-301 of this title.
§49A-301. Statutory form durable personal power of attorney; agent’s certification.
PERSONAL POWER OF ATTORNEY FORM
As the person completing 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 who 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.
The following form may, but need not, be used to create a durable personal power of attorney. The other sections of this chapter govern the effect of this or any other writing used to create a durable personal power of attorney. A durable personal power of attorney that varies from the following form shall not be deemed to be invalid based solely upon such variance.
Section 3. The effective date of the amendments set forth herein shall be upon enactment.
Approved July 31, 2013