Title 12 — Decedents’ Estates and Fiduciary Relations
35 chapters · 275 sections in this title.
12 Del. C. § 4901. Defined.
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§ 4901. Defined. A durable power of attorney is a power of attorney by which a principal designates another agent in writing, and the writing contains the words: “This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or “This power…
12 Del. C. § 4902. Power not affected by disability.
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§ 4902. Power not affected by disability. All acts done by an agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and by the principal, and the principal’s successors in inte…
12 Del. C. § 4903. Relation of agent to court-appointed fiduciary.
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§ 4903. Relation of agent to court-appointed fiduciary. (a) The appointment 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 powers of attorney created pursuant to this chapter to th…
12 Del. C. § 4904. Death, disability or incapacity of principal.
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§ 4904. Death, disability or incapacity of principal. (a) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke nor terminate the agency as to the agent, or other person who, without actual knowledge of the death of the princ…
12 Del. C. § 4905. Exercise of power after revocation.
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§ 4905. Exercise of power after revocation. As to acts undertaken in good faith reliance thereon, an affidavit executed by the agent under a power of attorney, durable or otherwise, stating that the agent did not have at the time of exercise of the power actual knowledge of the t…
12 Del. C. § 4906. Relation of this chapter to Chapter 49A of this title.
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§ 4906. Relation of this chapter to Chapter 49A of this title. The provisions of this chapter shall not apply to any personal power of attorney governed by Chapter 49A of this title.77 Del. Laws, c. 467, § 3;