--- title: "Delaware Power of Attorney Signing Requirements | MCC" description: "Delaware power of attorney: 1 witness. From the state's own pages." url: "https://mcc-solutionsnj.com/notary/power-of-attorney-requirements-delaware" --- Power of attorney · Delaware # Delaware power of attorney signing requirements How a power of attorney is signed under this state's law: the notary, the witnesses, what the agent signs and the healthcare document. ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) **Short answer.** 1 witness. ## At a glance Uniform act Delaware's chapter 49A is its own Durable Personal Powers of Attorney Act. Witnesses The statutory form has one witness line; the witness swears not to be related to the principal or entitled to the estate. Agent's acknowledgment The statutory form includes an Agent's Certification the agent signs and dates, accepting duties such as keeping accurate records. Official form Durable Personal Power of Attorney Form (12 Del. C. 49A-301). The statutory form comes with a notice, a notary acknowledgment block and the agent's certification. [Open it](https://delcode.delaware.gov/title12/c049a/sc03/index.html) Durable The form's notice says the agent's authority continues after incapacity unless the principal says otherwise; a springing option is offered. Healthcare document Two people witness the signing of an advance health-care directive. In a long-term residential care facility, one witness must be a patient advocate or ombudsperson designated by the Department of Health and Social Services. The page doesn't mention a notary. ## In the official wording **Witnesses** Need this notarized? [Online notarization for signers in Delaware](/notary/online-notary/delaware). "I am not related to the Principal by blood, marriage, or adoption" **Agent** "have read the attached durable personal power of attorney" **Durability** "This power of attorney is effective immediately, and shall not be effected by my subsequent incapacity." **Healthcare** "Two people must witness the signing of your advance directive form." ## Get it notarized online today Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment. **What you need** - A valid government photo ID - A computer or phone with a camera - The unsigned document [Book an online session](/notary/?service=ron#order) Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording) Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers) ## Signing-day steps - **Statutory form:** recommended or optional - **Notary:** not confirmed - **Witnesses:** required - **Agent's acknowledgment:** recommended or optional - **Recording for real estate:** not confirmed Full checklist with the reasons: [financial](/notary/power-of-attorney-signing-checklist?state=de&type=financial) · [healthcare](/notary/power-of-attorney-signing-checklist?state=de&type=healthcare). **Not stated on the pages we read:** the notary rule, recording for real estate. Signing in New Jersey? MCC Solutions provides [mobile notarization](/notary/mobile-notary), [hospital notarization](/notary/hospital-notary) and [remote online notarization](/notary/remote-online-notarization) for New Jersey signers. Elsewhere, a local notary can help. ## Official sources - [12 Del. C. ch. 49A, Durable Personal Powers of Attorney Act (Delaware Code)](https://www.delcode.delaware.gov/title12/c049a/index.html) (checked November 2026) - [12 Del. C. ch. 49A, subchapter III, Statutory forms (Delaware Code)](https://delcode.delaware.gov/title12/c049a/sc03/index.html) (checked November 2026) - [Who witnesses the signing of an advance directive? (Delaware Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities)](https://dhss.delaware.gov/dsaapd/witnesse.html) (checked November 2026) General information, not legal advice; we are not lawyers. Have a lawyer prepare or review the power of attorney itself. ## Common questions **How many witnesses does a Delaware power of attorney need?** The statutory form has one witness line; the witness swears not to be related to the principal or entitled to the estate. **Does the agent have to sign anything in Delaware?** On the official form, yes. The statutory form includes an Agent's Certification the agent signs and dates, accepting duties such as keeping accurate records. **Is a Delaware power of attorney durable?** Yes, by default. The form's notice says the agent's authority continues after incapacity unless the principal says otherwise; a springing option is offered. **How is a healthcare power of attorney signed in Delaware?** Two people witness the signing of an advance health-care directive. In a long-term residential care facility, one witness must be a patient advocate or ombudsperson designated by the Department of Health and Social Services. The page doesn't mention a notary. **Is there an official power of attorney form in Delaware?** Yes. Durable Personal Power of Attorney Form (12 Del. C. 49A-301). The statutory form comes with a notice, a notary acknowledgment block and the agent's certification. All states: [power of attorney requirements by state](/notary/power-of-attorney-requirements-by-state) · [Connecticut](/notary/power-of-attorney-requirements-connecticut) · [Florida](/notary/power-of-attorney-requirements-florida) · [Signing a healthcare proxy or medical power of attorney](/notary/guides/healthcare-proxy-and-medical-poa-signing) Coming soon ### Delaware Power of Attorney Signing Kit This kit is being finished: every state rule in it is checked against official sources before it goes on sale. [See what it will include](/toolkits/delaware-power-of-attorney-signing-kit) ## Signing a power of attorney in New Jersey? [Book a mobile notary](/notary/mobile-notary)[Call (908) 444-6373](tel:+19084446373)