DE HB455 | 2009-2010 | 145th General Assembly


Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: Passed on August 19 2010 - 100% progression
Action: 2010-08-19 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]


This bill does two things. It keeps in place the existing Durable Powers of Attorney statute which is relied upon for commercial transactions, changing only the out-dated reference of “attorney-in-fact” to “agent”; eliminating a provision now covered in the new Chapter 49A, Durable Personal Powers of Attorney; and making clear that 49 is independent of 49A. The bill also adds a new Chapter 49A to Title 12 which provides significant improvements in the creation of a personal power of attorney by ensuring that a principal grants only those authorities sought to be granted, and by ensuring that an agent acknowledges the scope of authority granted and the associated responsibilities. A statutory form of power of attorney is provided so that any individual may have a valid and enforceable power of attorney, regardless of access to a lawyer. Finally, it there are enhanced execution standards, a notary and a disinterested witness, to ensure the identity of the principle and to protect against execution under circumstances which suggest coercion, fraud, or incompetence. The Act will take effect on October 1, 2010, in order to provide transition time.

Tracking Information

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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.


Roll Calls

2010-06-30 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 0 Abs: 1) [PASS]
2010-06-15 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]


2010-08-19 Signed by Governor
2010-06-30 Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2010-06-30 Necessary rules are suspended in Senate
2010-06-17 Assigned to Judiciary Committee in Senate
2010-06-15 Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
2010-06-09 Reported Out of Committee (JUDICIARY) in House with 7 On Its Merits
2010-06-08 Introduced in House and assigned to Judiciary Committee
2010-06-08 Assigned to Judiciary Committee in House

Delaware State Sources

Bill Comments