2020 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 49. Durable Powers of Attorney
§ 4904 Death, disability or incapacity of principal.

Universal Citation: 12 DE Code § 4904. (2020)
§ 4904. Death, disability or incapacity of principal.

(a) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke nor terminate the agency as to the agent, or other person who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the successors in interest of the principal.

(b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke nor terminate the agency as to the agent, or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

63 Del. Laws, c. 267, § 1;  70 Del. Laws, c. 186, § 1;  77 Del. Laws, c. 467, § 1; 
Disclaimer: These codes may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.