Revised Delaware Durable Power of Attorney Law

Delaware recently revised its power of attorney laws. The revisions affect individuals who want to create durable powers of attorney for themselves as individuals. (There are other types of powers of attorney that are not affected.)

The new law provides additional protections and warnings intended to decrease fraud and ensure that those who make durable powers of attorney in Delaware understand the risks involved.

Some of the key changes include: 

• the term "attorney-in-fact" is changed to "agent"
• durable powers of attorney must now be witnessed by at least one person, in addition to being notarized, and
• before an agent can take any action under a durable power of attorney, he or she must sign a separate document called a "Certification of Agent" and attach it to the durable power of attorney.

Nolo has implemented these changes for Quicken WillMaker Plus. The revised document is available through the program's Web Update feature. If you signed a Delaware durable power of attorney before October 1, 2010, your document is perfectly legal. If you want to make a Delaware durable power of attorney now, make sure you have downloaded the most recent web update.