2021 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 49A. Durable Personal Powers of Attorney Act
Subchapter I. General Provisions
§ 49A-116. Judicial relief.
(a) A person designated in subsection (b) of this section may petition the Court of Chancery requesting that the Court:
(1) Determine whether the personal power of attorney or the authority of an agent is in effect or has terminated pursuant to § 49A-110 of this title or otherwise;
(2) Compel the agent to exercise or refrain from exercising authority in a particular manner or for a particular purpose;
(3) Compel the agent to account for transactions conducted on the principal's behalf pursuant to § 49A-114(g) of this title;
(4) Modify, suspend, or revoke the powers of the agent to act under a personal power of attorney, and, if the principal has not designated another agent or successor agent in the personal power of attorney, appoint another agent to act in place of the agent whose powers are modified, suspended, or revoked;
(5) Determine an agent's liability for violation of his or her duties pursuant to § 49A-114 of this title; or
(6) Compel a person to accept a personal power of attorney if required to by § 49A-120 of this title.
(b) Any of the following persons may file a petition seeking appropriate relief under this section:
(1) The principal or the agent;
(2) The spouse, child, or parent of the principal;
(2) A guardian, trustee, or other fiduciary acting for the principal;
(3) The personal representative, trustee, or a beneficiary of the principal's estate;
(4) Any other interested person, as long as the person demonstrates to the Court's satisfaction that the person is interested in the welfare of the principal and has a good faith belief that:
a. The Court's intervention is necessary; and
b. The principal is incapacitated at the time of filing the petition or otherwise unable to protect that principal's own interests; or
(5) A person asked to accept a personal power of attorney.
(c) Upon motion by the principal, who shall be presumed to have legal capacity, the Court shall dismiss a petition filed under this section, unless the Court finds that the principal lacks capacity to revoke the agent's authority or the personal power of attorney.
(d) Nothing in this section shall preclude or diminish the Court's authority to appoint a guardian or other fiduciary pursuant to Chapter 39 of this title, or to order other judicial relief, in order to grant appropriate relief upon review of a personal power of attorney or an agent's conduct with respect to a personal power of attorney.
(e) Nothing in this section shall preclude the Department of Health and Social Services, the Public Guardian, or other governmental agency having authority to protect the welfare of the principal from petitioning the Court for access to the principal or to records necessary to determine, or terminate, possible abuse, neglect, exploitation or abandonment of the principal.
77 Del. Laws, c. 467, § 4; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 369, § 4;
