What Do I Need to Sign My Power of Attorney in Delaware?

Witness, notary, and remote online notarization (RON) requirements for financial poas in Delaware.

Frequently Asked Questions

Delaware requires 1 witness for a financial poa.12 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 25 Del.C. §§ 151, 155Verified Jul 14, 2026 Witnesses cannot be: Blood relatives, Relatives by marriage, Relatives by adoption, Anyone who would inherit from you. Witnesses must be at least 18 years old.

Yes, notarization is required for a financial poa to be valid in Delaware.12 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 25 Del.C. §§ 151, 155Verified Jul 14, 2026

Delaware allows Remote Online Notarization (RON) for financial powers of attorney.12 Del.C. §§ 49A-104, 49A-105, 49A-106, 49A-109, 49A-113, 49A-114, 49A-119, 49A-120, 49A-201, 49A-204 through 49A-217, 49A-301; 25 Del.C. §§ 151, 155Verified Jul 14, 2026 The notarization can be completed via secure video call with an approved RON provider. The state also accepts out-of-state RON.

To execute a financial poa in Delaware: Find 1 adult to serve as witness. Review witness restrictions to ensure eligibility. Schedule a notary appointment (in-person or online via RON). Remote notarization is available; whether the document itself may be signed electronically is unresolved

Yes. Delaware has its own reciprocity statute for out-of-state powers of attorney12 Del.C. § 49A-106Verified Jul 14, 2026: a foreign POA is recognized if it was valid where executed. Delaware has not adopted UPOAA. Per 12 Del.C. § 49A-106(a), a personal POA executed on or after Oct 1, 2010 is validly executed if it complies with § 49A-105, unless it provides that it is governed by another jurisdiction's laws, in which case that jurisdiction's execution law controls. POAs executed before Oct 1, 2010 are valid under the law existing at the time of execution (§ 49A-106(b)). A durable POA other than a personal POA is validly executed if execution complied with the law of the jurisdiction that determines its meaning and effect, or with the requirements for a military POA under 10 U.S.C. § 1044b (§ 49A-106(c)). Chapter 49A contains no domicile-based validity rule. A photocopy or electronically transmitted copy has the same effect as the original (§ 49A-106(d)). The document portability tool shows recognition by document type.

Delaware Estate Planning Resources

In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.