This document grants an individual of your choosing – known as the “Agent” – the power to act on your behalf in real estate transactions.
Let’s say you need to handle a property transaction but cannot do so personally due to travel, health reasons, or simply lack of time.
This document empowers your chosen Agent to step into your shoes and act on your behalf while still abiding by the stipulations you set forth.
This is the kickoff of your Power of Attorney form. Here, you are going to define who is involved in the legal agreement:
This is you, the individual appointing someone else to act on your behalf. You need to fill in your full name and your mailing address.
You’re the central figure in this agreement, so ensuring this information is accurate is essential.
If your name is John Doe and you live at 123 Main Street, Dover, Delaware, you’ll fill it in like this: “I, John Doe, the ‘Principal,’ with a mailing address of 123 Main Street, Dover, Delaware, hereby appoint:”
This is the person you appoint to act on your behalf. They’re sometimes also referred to as the “Attorney-in-Fact.” You must fill in their full name and their mailing address.
If you’re appointing your friend, Jane Smith, who lives at 456 Pine Street, Newark, Delaware, you’ll write: “Jane Smith, with a mailing address of 456 Pine Street, Newark, Delaware (‘Agent’).”
Here, you’re choosing a backup plan. If your first Agent can’t serve for any reason, this is where you name a second person who can step in.
If you don’t want to name a second Agent, check “No other individual.”
If you want to name a second Agent, check “Another Agent” and fill in their full name and mailing address, just as you did for the first Agent.
Example: If your second Agent is your cousin, Michael Johnson, who lives at 789 Elm Street, Wilmington, Delaware, you’ll check “Another Agent” and write: “Michael Johnson, with a mailing address of 789 Elm Street, Wilmington, Delaware.”
This is where you define the property or properties your Agent has power over.
Check “A Single-Property” and provide the complete address or legal description if this is about one property.
If this covers all your properties, check “Multiple Properties.”
This section details what your Agent can do on your behalf. The more boxes you check and initial, the more power you give them.
Check and initial this if you’re giving your Agent the power to sell your property and accept closing proceeds.
This might be useful if you’re relocating abroad and want Jane to handle the sale of your Dover house.
Check and initial this if you’re giving your Agent the power to finalize all documents necessary to buy property.
For example, if you’re busy with work and want Michael to handle the purchase of a new vacation home.
Check and initial this if you’re giving your Agent the power to make day-to-day decisions, like approving repairs or evicting tenants.
This is useful if you’re away often and need Jane to manage your rental properties.
Check and initial this if you’re giving your Agent the power to handle your financial matters related to real estate, like securing a mortgage or disbursing necessary funds.
This would be helpful if you trust Michael to refinance your mortgage.
This section defines when this agreement starts and when it ends.
If you want it to end on a specific date, check “End Date” and provide that date.
If you want it to end if you become incapacitated, check “Principal’s Incapacitation.”
If you want it to end when you die or if you revoke it, check “The Principal’s death or revocation.”
This section focuses on what happens to the Power of Attorney if you, as the Principal, become incapacitated, meaning you can’t make decisions for yourself.
NOT be Valid: If you initial and check this, the Power of Attorney ends immediately upon your incapacitation. You’re saying, “If I can’t make decisions, I don’t want anyone else making them for me.”
Remain Valid: If you initial and check this, the Power of Attorney will continue even if you’re incapacitated. This is like saying, “Even if I can’t make decisions, I trust my Agent to make them for me.”
In this final section, you’re deciding who needs to be present when you sign this Power of Attorney.
If you check this, a Notary Public needs to verify your identity and willingness to sign.
If you check this, one person (who isn’t the Agent) needs to watch you sign.
If you check this, two people (who aren’t the Agent) need to watch you sign.
Remember, the choices you make here could have legal implications, so it’s essential to understand your state’s requirements.
Finally, you’ll sign and print your name and write the date you signed. You’re saying, “I understand everything I’ve written here and agree to it.”
This part is filled out by a Notary Public, a state-appointed official who verifies the identities of those signing legal documents. The Notary will:
Write the state and county where the notarization is taking place.
Specify the date of the notarization.
Confirm your identity as the Principal and acknowledge that you willingly signed the document.
The Notary will then sign, print their name, and specify when their notary commission expires.
This section is crucial because it serves as an independent verification that you, as the Principal, are who you say you are and you’re willingly entering into the agreement.
It’s like an insurance policy against fraud or coercion.
If you’ve chosen to have witness(es) instead of or alongside a Notary, they will fill out this section.
The witness(es) declare that:
You signed the document willingly in their presence.
They’re signing as witnesses at your request.
To the best of their knowledge, you’re at least 18 years old, of sound mind, and under no constraint or under influence.
The first and second witnesses then need to sign, print their names, provide their mailing addresses, and provide their phone numbers.
These contacts serve as records if the document’s validity is ever questioned in the future.
By filling out this form, you have now ensured that your real estate affairs can be managed according to your preferences, even in your absence.
This Delaware Real Estate Power of Attorney form provides legal protection and clarity for all parties involved, ensuring that your Agent can legally act on your behalf and that the extent of their power is clearly defined.