2020 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 49A. Durable Personal Powers of Attorney Act
Subchapter I. General Provisions
§ 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;
(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; and
(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.
(b) A person is not required to accept an acknowledged personal power of attorney if:
(1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with state or federal law;
(3) The person has actual knowledge of the termination of the agent's authority or of the personal power of attorney before exercise of the power;
(4) The person has actual knowledge that the personal power of attorney has been terminated or revoked, or is void or invalid, or that the agent does not have the authority to perform the act requested; or
(5) The person promptly makes, has made, or has actual knowledge that another person has made, a report to the appropriate law-enforcement or social service agency stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(c) A person that refuses in violation of this section to accept an acknowledged personal power of attorney is subject to:
(1) A court order compelling acceptance of the personal power of attorney; and
(2) Liability for damages, including reasonable attorney's fees and costs, incurred in any action or proceeding that confirms the validity of the personal power of attorney or authority of the agent to act, or compels acceptance of the personal power of attorney.
