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Delaware Statutes, Title 12

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Delaware/Statutes

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Title 12, Decedents’ Estates and Fiduciary Relations

35 chapters · 741 sections in this title.

All chapters in Title 12741 Ch 11, ESCHEATS85 Ch 35, TRUSTS71 Ch 38, TREATMENT OF DELAWARE STATUTORY TRUSTS50 Ch 33, Administrative Provisions44 Ch 15, LETTERS TESTAMENTARY AND LETTERS OF …41 Ch 39, GUARDIANSHIP41 Ch 23, ACCOUNTING AND DISTRIBUTION38 Ch 61, DELAWARE UNIFORM PRINCIPAL AND INCOM…38 Ch 49a, DURABLE PERSONAL POWERS OF ATTORNEY ACT36 Ch 2, GENERAL PROVISIONS34 Ch 45, Delaware Uniform Transfers to Minors Act23 Ch 27, Sale of Lands by Executors and Admin…19 Ch 6, Disclaimer17 Ch 39a, Uniform Adult Guardianship and Prote…16

741 sections·Filtered byTitle 12✕

12 Del. C. § 4707. Reviewing compliance.
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§ 4707. Reviewing compliance. Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.59 Del. Laws, c. 572, § 1; 70 Del Laws, c. 186,, § 1; 76 Del. Laws, c. 159, § 1;
12 Del. C. § 4708. Application to existing institutional funds.
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§ 4708. Application to existing institutional funds. This chapter applies to institutional funds existing on or established after July 31, 2007. As applied to institutional funds existing on July 31, 2007, this chapter governs only decisions made or actions taken on or after that…
12 Del. C. § 4709. Relation to Electronic Signatures in Global and National Commerce Act.
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§ 4709. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101 of that act, …
12 Del. C. § 4710. Applicability and construction.
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§ 4710. Applicability and construction. This chapter shall apply solely to trusts and estates included within the meaning of the terms “institution,” “institutional fund” and “person” as used under this chapter and no part of this chapter shall apply to, or affect, the validity, …

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;

12 Del. C. § 49A-101. Short title.

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§ 49A-101. Short title. This chapter may be cited as the “Durable Personal Powers of Attorney Act.”77 Del. Laws, c. 467, § 4;

12 Del. C. § 49A-102. Definitions.

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§ 49A-102. Definitions. In this chapter: (1) “Agent” means a person granted authority to act for the benefit of a principal under a durable power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, concurrent agent, join…

12 Del. C. § 49A-103. Applicability.

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§ 49A-103. Applicability. (a) This chapter shall not apply to any of the following powers of attorney which, if durable, shall be governed by Chapter 49 of this title, to the extent applicable, or by another applicable chapter or by the common law of this State: (1) A power of at…

12 Del. C. § 49A-104. Power of attorney is durable.

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§ 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,”…

12 Del. C. § 49A-105. Execution of personal power of attorney.

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§ 49A-105. Execution of personal power of attorney. (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 express direction; (3) Dated; (4) Sig…

12 Del. C. § 49A-106. Execution of personal power of attorney.

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§ 49A-106. Execution of personal power of attorney. (a) A personal power of attorney executed on or after October 1, 2010, is validly executed if it complies with § 49A-105 of this title, unless such personal power of attorney provides that it is governed by the laws of another j…

12 Del. C. § 49A-108. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary.

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§ 49A-108. 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 a…

12 Del. C. § 49A-109. When personal power of attorney effective.

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§ 49A-109. When personal power of attorney effective. (a) A personal power of attorney is effective when executed unless the principal provides in the personal power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b…

12 Del. C. § 49A-110. Termination of personal power of attorney or agent’s authority.

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§ 49A-110. 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 occur…

12 Del. C. § 49A-111. Concurrent agents, joint agents, and successor agents.

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§ 49A-111. 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. N…

12 Del. C. § 49A-112. Reimbursement and compensation of agent.

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§ 49A-112. 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 compens…

12 Del. C. § 49A-113. Agent’s acceptance.

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§ 49A-113. 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 § 49A-105(c) of this title) or by exercising authority or p…

12 Del. C. § 49A-114. Agent’s duties.

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§ 49A-114. 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 wit…

12 Del. C. § 49A-115. Exoneration of agent.

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§ 49A-115. 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 breac…

12 Del. C. § 49A-116. Judicial relief.

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§ 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-1…

12 Del. C. § 49A-118. Agent’s resignation; notice.

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§ 49A-118. 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 one has been appoint…

12 Del. C. § 49A-119. Acceptance of and reliance upon acknowledged personal power of attorney.

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§ 49A-119. Acceptance of and reliance upon acknowledged personal power of attorney. (a) For purposes of this section and § 49A-120 of this title, “acknowledged” means purportedly verified before a notarial officer. (b) A person that in good faith accepts an acknowledged personal …

12 Del. C. § 49A-120. Liability for refusal to accept acknowledged personal power of attorney.

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§ 49A-120. Liability for refusal to accept acknowledged personal power of attorney. (a) Except as otherwise provided in subsection (b) of this section: (1) A person shall accept an acknowledged personal power of attorney that is originally written in English or is translated into…

12 Del. C. § 49A-201. Grant of general authority; authority that requires specific grant.

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§ 49A-201. Grant of general authority; authority that requires specific grant. (a) Subject to subsections (b), (c), and (d) of this section, if a personal power of attorney grants to an agent authority to do all acts that a principal could do, and refers to general authority with…

12 Del. C. § 49A-202. Incorporation of authority.

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§ 49A-202. Incorporation of authority. (a) A reference in a personal power of attorney to the short descriptive term used for a subject in §§ 49A-204 through 49A-217 of this title or a citation to a section of §§ 49A-204 through 49A-217 of this title granting general authority ov…

12 Del. C. § 49A-203. Construction of authority generally.

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§ 49A-203. Construction of authority generally. Except as otherwise provided in the personal power of attorney, by executing a personal power of attorney that incorporates by reference a subject described in §§ 49A-204 through 49A-217 of this title or that grants to an agent auth…

12 Del. C. § 49A-204. Real property.

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§ 49A-204. Real property. Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to real property authorizes the agent to: (1) Demand, buy, lease, receive, accept as a gift or as security for an e…

12 Del. C. § 49A-205. Tangible personal property.

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§ 49A-205. Tangible personal property. Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to tangible personal property authorizes the agent to: (1) Demand, buy, receive, accept as a gift or a…

12 Del. C. § 49A-206. Stocks and bonds.

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§ 49A-206. Stocks and bonds. Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to stocks and bonds authorizes the agent to: (1) Buy, sell, and exchange stocks and bonds; (2) Establish, contin…

12 Del. C. § 49A-207. Commodities and options.

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§ 49A-207. Commodities and options. Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to commodities and options authorizes the agent to: (1) Buy, sell, exchange, assign, settle, and exercise…

12 Del. C. § 49A-208. Banks and other financial institutions.

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§ 49A-208. Banks and other financial institutions. Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: (1) Continue, modify, a…

12 Del. C. § 49A-209. Operation of entity or business.

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§ 49A-209. Operation of entity or business. Subject to the terms of a document or an agreement governing an entity or an entity ownership interest (a “governing document”) and to applicable laws governing such entity or entity ownership interest, and unless the personal power of …

12 Del. C. § 49A-210. Insurance and annuities.

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§ 49A-210. Insurance and annuities. Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: (1) Continue, pay the premium or make a contribution …

12 Del. C. § 49A-211. Estates, trusts, and other beneficial interests.

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§ 49A-211. Estates, trusts, and other beneficial interests. (a) In this section, “estate, trust, or other beneficial interest” means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be…

12 Del. C. § 49A-212. Claims and litigation.

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§ 49A-212. Claims and litigation. Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to claims and litigation authorizes the agent to: (1) Assert and maintain before a court or administrative …

12 Del. C. § 49A-213. Personal and family maintenance.

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§ 49A-213. Personal and family maintenance. (a) Unless the personal power of attorney otherwise provides, and after taking into consideration the principal’s resources, language in a personal power of attorney granting general authority with respect to personal and family mainten…

12 Del. C. § 49A-214. Benefits from governmental programs or civil or military service.

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§ 49A-214. Benefits from governmental programs or civil or military service. (a) In this section, “benefits from governmental programs or civil or military service” means any benefit, program or assistance provided under a statute or regulation of the United States or any state o…

12 Del. C. § 49A-215. Retirement plans.

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§ 49A-215. Retirement plans. (a) In this section, “retirement plan” means a plan or account created by an employer, the principal, or another individual to provide qualified or nonqualified retirement benefits or deferred compensation of which the principal is a participant, bene…

12 Del. C. § 49A-216. Taxes.

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§ 49A-216. Taxes. Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to taxes authorizes the agent to: (1) Prepare, sign, and file federal, state, local, and foreign income, gift, generation s…

12 Del. C. § 49A-217. Gifts.

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§ 49A-217. Gifts. (a) In this section, a gift “for the benefit of” a person includes a gift to a trust, an account or an interest in property held under the Delaware Uniform Transfers to Minors Act [Chapter 45 of this title] or similar statute of any other state or jurisdiction, …

12 Del. C. § 49A-301. Statutory form durable personal power of attorney; agent’s certification.

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§ 49A-301. Statutory form durable personal power of attorney; agent’s certification. DURABLE PERSONAL POWER OF ATTORNEY FORM NOTICE NOTICE As the person signing this durable power of attorney you are the Principal. The purpose of this power of attorney is to give the person you d…

12 Del. C. § 5001. Short title.

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§ 5001. Short title. This chapter may be cited as the “Fiduciary Access to Digital Assets and Digital Accounts Act.”79 Del. Laws, c. 416, § 1;

12 Del. C. § 5002. Definitions.

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§ 5002. Definitions. As used in this chapter: (1) “Account holder” means a decedent, a disabled person pursuant to Chapter 39 of this title, a principal of a durable personal power of attorney pursuant to Chapter 49A of this title, a settlor of a trust which was revocable until t…

12 Del. C. § 5003. Applicability.

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§ 5003. Applicability. This chapter applies to a grant of authority to a fiduciary over a digital account or a digital asset. Digital assets and digital accounts of an employer regularly used by an employee or contractor in the usual course of business are not subject to the prov…

12 Del. C. § 5004. Control of digital accounts and digital assets by a fiduciary.

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§ 5004. Control of digital accounts and digital assets by a fiduciary. (a) Except as otherwise provided by a governing instrument or court order, a fiduciary may exercise control over any and all rights in digital assets and digital accounts of an account holder, to the extent pe…