2021 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 49A. Durable Personal Powers of Attorney Act
Subchapter I. General Provisions
§ 49A-110. Termination of personal power of attorney or agent's authority.
(a) A personal power of attorney terminates when:
(1) The principal dies;
(2) The principal revokes the personal power of attorney;
(3) A terminating event set forth in the personal power of attorney occurs;
(4) The purpose of the personal power of attorney is accomplished;
(5) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the personal power of attorney does not provide for another agent to act; or
(6) The personal power of attorney is revoked by order of the Court of Chancery pursuant to § 49A-116 of this title or otherwise.
(b) An agent's authority terminates when:
(1) The principal revokes the authority;
(2) The agent dies, becomes incapacitated, or resigns;
(3) An action is filed for the dissolution or annulment of the agent's marriage to the principal, unless the personal power of attorney otherwise provides; or
(4) The personal power of attorney terminates.
(c) Unless the personal power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this section, notwithstanding a lapse of time since the execution of the personal power of attorney.
(d) Termination of an agent's authority or of a personal power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the personal power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(e) The execution of a personal power of attorney does not revoke a personal power of attorney previously executed by the principal unless the subsequent personal power of attorney provides that the previous personal power of attorney is revoked or that all other personal powers of attorney are revoked.
77 Del. Laws, c. 467, § 4; 78 Del. Laws, c. 369, § 3;
