2022 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT
Subchapter I. General Provisions
§ 49A-104. Power of attorney is durable.

Universal Citation: 12 DE Code § 49A-104 (2022)
§ 49A-104. Power of attorney is durable.

A power of attorney is durable if it contains the words:

“This power of attorney shall not be affected by the subsequent incapacity of the principal,” or “This power of attorney shall become effective upon the incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity.

77 Del. Laws, c. 467, § 4; 
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