Title 21 — Motor Vehicles
42 chapters · 351 sections in this title.
21 Del. C. § 3201. Definitions.
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§ 3201. Definitions. In this chapter: (1) “Agent” means a person granted authority to act for the benefit of a principal under a limited durable power of attorney for completing all paperwork necessary to accomplish any required action(s) set forth in this title, whether denomina…
21 Del. C. § 3202. Applicability.
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§ 3202. Applicability. (a) (1) This chapter shall only apply to limited durable powers of attorney which are executed for the sole purpose of completing documentation required and allowable by the Department to accomplish certain actions set forth in this title. (2) The provision…
21 Del. C. § 3203. Power of attorney is durable.
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§ 3203. 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 similar words showing the intent of the principal that the authority conferred shall be …
21 Del. C. § 3204. Execution of personal power of attorney — Requirements; notice; certification.
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§ 3204. Execution of personal power of attorney — Requirements; notice; certification. (a) A personal power of attorney must be: (1) In writing; (2) Signed by the principal or by another person subscribing the principal’s name in the principal’s presence and at the principal’s ex…
21 Del. C. § 3205. Execution of personal power of attorney— Validity; limited durable power of attorney; copies.
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§ 3205. Execution of personal power of attorney— Validity; limited durable power of attorney; copies. (a) A personal power of attorney is validly executed if it complies with § 3204 of this title, unless such personal power of attorney provides that it is governed by the laws of …
21 Del. C. § 3206. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary.
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§ 3206. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary. (a) The appointment by a court of a guardian or other fiduciary charged with the management of the principal’s property or the care of the principal’s person shall terminate all …
21 Del. C. § 3207. When the personal power of attorney is effective.
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§ 3207. When the personal power of attorney is effective. A personal power of attorney is effective when executed.83 Del. Laws, c. 149, § 1;
21 Del. C. § 3208. Termination of personal power of attorney or agent’s authority.
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§ 3208. 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; …
21 Del. C. § 3209. Concurrent agents, joint agents, and successor agents.
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§ 3209. Concurrent agents, joint agents, and successor agents. (a) A principal may designate 2 or more persons to act as concurrent agents. Each concurrent agent may exercise its authority independently. (b) A principal may designate 2 or more persons to act as joint agents. No j…
21 Del. C. § 3210. Reimbursement and compensation of agent.
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§ 3210. Reimbursement and compensation of agent. (a) An agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal. (b) An agent shall not be entitled to compensation unless: (1) The personal power of attorney so provides; and (2) The compensati…
21 Del. C. § 3211. Agent’s acceptance.
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§ 3211. Agent’s acceptance. Except as otherwise provided in the personal power of attorney, a person accepts appointment as an agent under a personal power of attorney by signing the agent’s certification (pursuant to § 3204 of this title) or by exercising authority or performing…
21 Del. C. § 3212. Agent’s duties.
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§ 3212. Agent’s duties. (a) Notwithstanding provisions in the personal power of attorney, an agent that has accepted appointment pursuant to a personal power of attorney shall, in connection with exercising the authority granted to such agent therein: (1) Act in accordance with t…
21 Del. C. § 3213. Exoneration of agent.
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§ 3213. Exoneration of agent. A provision in a personal power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision: (1) Relieves the agent of liability for breach o…
21 Del. C. § 3214. Judicial relief.
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§ 3214. 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 § 3208 of …
21 Del. C. § 3215. Agent’s resignation; notice.
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§ 3215. Agent’s resignation; notice. Unless the personal power of attorney provides a different method for an agent’s resignation, an agent may resign by giving written notice to the principal and, if the principal is incapacitated: (1) To the guardian, if 1 has been appointed fo…
21 Del. C. § 3216. Acceptance of and reliance upon acknowledged personal power of attorney.
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§ 3216. Acceptance of and reliance upon acknowledged personal power of attorney. (a) For purposes of this section, “acknowledged” means purportedly verified before a notarial officer or contain an electronic signature acceptable to the Department. (b) A person that in good faith …
21 Del. C. § 3217. Acceptance of electronic signatures.
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§ 3217. Acceptance of electronic signatures. The Department may accept electronic signatures on any documents required to be submitted pursuant to this title.83 Del. Laws, c. 149, § 1;