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DE HB455
Bill
Status
8/19/2010
Primary Sponsor
Valerie Longhurst
Click for details
AI Summary
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Amends Chapter 49 of Title 12 by replacing "attorney-in-fact" terminology with "agent" throughout and clarifying that Chapter 49 does not apply to personal powers of attorney governed by the new Chapter 49A.
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Creates new Chapter 49A establishing the Durable Personal Powers of Attorney Act with comprehensive definitions, execution requirements, and agent duties for personal powers of attorney.
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Requires personal powers of attorney to be in writing, signed by principal or authorized designee, dated, notarized, and witnessed by one disinterested adult witness to ensure validity and protect against fraud or coercion.
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Provides detailed authority grants covering real property, financial accounts, retirement plans, taxes, gifts, business operations, and other matters, with option for principal to select general or specific authorities through clearly marked categories.
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Establishes statutory form for durable personal powers of attorney with required notices and agent certification, allowing individuals without legal assistance to create valid enforceable documents; includes agent duties regarding loyalty, care, record-keeping, and communication with principal.
Legislative Description
An Act To Amend Title 12 Of The Delaware Code Relating To Durable Powers Of Attorney And Adding A Chapter 49a Thereto Relating To Durable Personal Powers Of Attorney.
Last Action
Signed by Governor
8/19/2010