reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter I. General Provisions › § 49A-120. Liability for refusal to accept acknowledged personal power of attorney.

§§ 49A-120. Liability for refusal to accept acknowledged personal power of attorney.
(a) Except as otherwise provided in subsection (b) of this section:
(1) A person shall accept an acknowledged personal power of attorney that is originally written in English or is translated into English, under oath of the translator;
(2) A person may not require an additional or different form of personal power of attorney for authority granted in the personal power of attorney presented; and
(3) A person may not refuse to accept an acknowledged personal power of attorney solely upon the basis that the form of such acknowledged personal power of attorney varies from the form set forth in § 49A-301 of this title.
(b) A person is not required to accept an acknowledged personal power of attorney if:
(1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with state or federal law;
(3) The person has actual knowledge of the termination of the agent's authority or of the personal power of attorney before exercise of the power;
(4) The person has actual knowledge that the personal power of attorney has been terminated or revoked, or is void or invalid, or that the agent does not have the authority to perform the act requested; or
(5) The person promptly makes, has made, or has actual knowledge that another person has made, a report to the appropriate law-enforcement or social service agency stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(c) A person that refuses in violation of this section to accept an acknowledged personal power of attorney is subject to:
(1) A court order compelling acceptance of the personal power of attorney; and
(2) Liability for damages, including reasonable attorneys' fees and costs, incurred in any action or proceeding that confirms the validity of the personal power of attorney or authority of the agent to act, or compels acceptance of the personal power of attorney.
77 Del. Laws, c. 467, §  4;  78 Del. Laws, c. 369, §  8;  79 Del. Laws, c. 152, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-201. Grant of general authority; authority that requires specific grant.

§§ 49A-201. Grant of general authority; authority that requires specific grant.
(a) Subject to subsections (b), (c), and (d) of this section, if a personal power of attorney grants to an agent authority to do all acts that a principal could do, and refers to general authority with respect to the descriptive term for the subjects stated in §§ 49A-204 through 49A-217 of this title or cites the section in which the authority is described, the agent has that general authority.
(b) An agent under a personal power of attorney may do the following on behalf of the principal or with the principal's property only if the personal power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
(1) Create, amend, revoke, or terminate an inter vivos trust, to the extent the principal has the authority to do so;
(2) Make a gift;
(3) Create or change rights of survivorship;
(4) Create or change a beneficiary designation;
(5) Delegate authority granted under the personal power of attorney when all successor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve;
(6) Exercise fiduciary powers that the principal has authority to delegate;
(7) Reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from an estate, trust, or other beneficial interest; or
(8) Exercise all rights and powers granted to a fiduciary under the Fiduciary Access to Digital Assets and Digital Accounts Act, Chapter 50 of this title.
(c) Unless the personal power of attorney otherwise provides, a grant of authority to make a gift is subject to § 49A-217 of this title.
(d) Subject to subsections (b) and (c) of this section, if the subjects over which authority is granted in a personal power of attorney are similar or overlap, the broadest authority controls.
(e) Authority granted in a personal power of attorney is exercisable with respect to property that the principal has when the personal power of attorney is executed or is acquired later, whether or not the property is located in this State and whether or not the authority is exercised or the personal power of attorney is executed in this State.
(f) An act performed by an agent pursuant to a personal power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
77 Del. Laws, c. 467, §  4;  79 Del. Laws, c. 416, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-202. Incorporation of authority.

§§ 49A-202. Incorporation of authority.
(a) A reference in a personal power of attorney to the short descriptive term used for a subject in §§ 49A-204 through 49A-217 of this title or a citation to a section of §§ 49A-204 through 49A-217 of this title granting general authority over that subject incorporates the entire section as if it were set out in full in the personal power of attorney.
(b) A principal may modify authority incorporated by reference.
77 Del. Laws, c. 467, §  4;  78 Del. Laws, c. 369, §  9;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-203. Construction of authority generally.

§§ 49A-203. Construction of authority generally.
Except as otherwise provided in the personal power of attorney, by executing a personal power of attorney that incorporates by reference a subject described in §§ 49A-204 through 49A-217 of this title or that grants to an agent authority to do all acts that a principal could do pursuant to § 49A-201(a) of this title, a principal authorizes the agent, with respect to that subject, to:
(1) Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;
(2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;
(3) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal, or intervene in litigation relating to the claim;
(5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the personal power of attorney;
(6) Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, advisor, service provider, or other professional;
(7) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;
(8) Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;
(9) Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and
(10) Do any lawful act with respect to the subject and all property related to the subject.
77 Del. Laws, c. 467, §  4;  78 Del. Laws, c. 369, §  10;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-204. Real property.

§§ 49A-204. Real property.
Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to real property authorizes the agent to:
(1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;
(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
(3) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted;
(5) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
a. Insuring against liability or casualty or other loss;
b. Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
c. Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and
d. Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;
(6) Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
(7) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:
a. Selling or otherwise disposing of them;
b. Exercising or selling an option, right of conversion, or similar right with respect to them; and
c. Exercising any voting rights in person or by proxy;
(8) Change the form of title of an interest in or right incident to real property; and
(9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
77 Del. Laws, c. 467, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-205. Tangible personal property.

§§ 49A-205. Tangible personal property.
Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to tangible personal property authorizes the agent to:
(1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;
(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property;
(3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;
(5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:
a. Insuring against liability or casualty or other loss;
b. Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;
c. Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;
d. Moving the property from place to place;
e. Storing the property for hire or on a gratuitous bailment; and
f. Using and making repairs, alterations, or improvements to the property; and
(6) Change the form of title of an interest in tangible personal property.
77 Del. Laws, c. 467, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-206. Stocks and bonds.

§§ 49A-206. Stocks and bonds.
Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:
(1) Buy, sell, and exchange stocks and bonds;
(2) Establish, continue, modify, or terminate an account with respect to stocks and bonds;
(3) Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;
(4) Receive certificates and other evidences of ownership with respect to stocks and bonds; and
(5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.
77 Del. Laws, c. 467, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-207. Commodities and options.

§§ 49A-207. Commodities and options.
Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to commodities and options authorizes the agent to:
(1) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and
(2) Establish, continue, modify, and terminate option accounts.
77 Del. Laws, c. 467, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-208. Banks and other financial institutions.

§§ 49A-208. Banks and other financial institutions.
Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
(1) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;
(2) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
(3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;
(6) Enter a safe deposit box or vault and withdraw or add to the contents;
(7) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(8) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(9) Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
77 Del. Laws, c. 467, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-210. Insurance and annuities.

§§ 49A-210. Insurance and annuities.
Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:
(1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(2) Procure new, different, and additional contracts of insurance and annuities for the principal and select the amount, type of insurance or annuity, and mode of payment;
(3) Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;
(4) Apply for and receive a loan secured by a contract of insurance or annuity;
(5) Surrender and receive the cash surrender value on a contract of insurance or annuity;
(6) Exercise an election;
(7) Exercise investment powers available under a contract of insurance or annuity;
(8) Change the manner of paying premiums on a contract of insurance or annuity;
(9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;
(10) Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;
(11) Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;
(12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
(13) Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
77 Del. Laws, c. 467, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-211. Estates, trusts, and other beneficial interests.

§§ 49A-211. Estates, trusts, and other beneficial interests.
(a) In this section, “estate, trust, or other beneficial interest” means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.
(b) Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:
(1) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest;
(2) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise;
(3) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;
(6) Conserve, invest, disburse, or use anything received for an authorized purpose;
(7) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of an existing trust created by the principal as settlor for the benefit of the principal; and
(8) Renounce or resign from any fiduciary position held by the principal.
77 Del. Laws, c. 467, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-212. Claims and litigation.

§§ 49A-212. Claims and litigation.
Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(2) Bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(4) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(5) Submit to alternative dispute resolution, settle, and propose or accept a compromise;
(6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;
(8) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(9) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
77 Del. Laws, c. 467, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-213. Personal and family maintenance.

§§ 49A-213. Personal and family maintenance.
(a) Unless the personal power of attorney otherwise provides, and after taking into consideration the principal's resources, language in a personal power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
(1) Perform the acts necessary to maintain the usual and customary standard of living of the principal, the principal's spouse, minor children, disabled adult children, children who are full time students under the age of 25, and dependents as defined under Internal Revenue Code § 152 [26 U.S.C. § 152];
(2) Provide living quarters for the individuals described in paragraph (a)(1) of this section by:
a. Purchase, lease, or other contract; or
b. Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;
(3) Provide funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in paragraph (a)(1) of this section;
(4) Pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (a)(1) of this section;
(5) Act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act [P.L. 104-191], §§ 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d et seq., as amended, and applicable regulations, to obtain information to make decisions relating to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this State to consent to health care on behalf of the principal;
(6) Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in paragraph (a)(1) of this section;
(7) Maintain credit and debit accounts for the convenience of the individuals described in paragraph (a)(1) of this section and open new accounts;
(8) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations; and
(9) Continue usual and existing payments for domestic help, usual vacations and travel expenses.
(b) The agent shall make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party.
(c) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.
77 Del. Laws, c. 467, §  4;  78 Del. Laws, c. 369, §  11;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-214. Benefits from governmental programs or civil or military service.

§§ 49A-214. Benefits from governmental programs or civil or military service.
(a) In this section, “benefits from governmental programs or civil or military service” means any benefit, program or assistance provided under a statute or regulation of the United States or any state or territory thereof (including the District of Columbia)(hereinafter collectively referred to as a “statute or regulation”) including, but not limited to, Social Security, Medicare, and Medicaid.
(b) Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
(1) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in § 49A-213(a)(1) of this title, and for shipment of their household effects;
(2) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;
(3) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;
(4) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and
(6) Receive the financial proceeds of a claim described in paragraph (b)(4) of this section and conserve, invest, disburse, or use for a lawful purpose anything so received.
77 Del. Laws, c. 467, §  4;  78 Del. Laws, c. 369, §  12;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-215. Retirement plans.

§§ 49A-215. Retirement plans.
(a) In this section, “retirement plan” means a plan or account created by an employer, the principal, or another individual to provide qualified or nonqualified retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including, but not limited to, a plan or account under the following sections of the Internal Revenue Code:
(1) An individual retirement account under Internal Revenue Code § 408, 26 U.S.C. § 408, as amended;
(2) A Roth individual retirement account under Internal Revenue Code § 408A, 26 U.S.C. § 408A, as amended;
(3) A deemed individual retirement account under Internal Revenue Code § 408(q), 26 U.S.C. § 408(q), as amended;
(4) An annuity or mutual fund custodial account under Internal Revenue Code § 403(b), 26 U.S.C. § 403(b), as amended;
(5) A pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code § 401(a), 26 U.S.C. § 401(a), as amended;
(6) A plan under Internal Revenue Code § 457(b), 26 U.S.C. § 457(b), as amended;
(7) A nonqualified deferred compensation plan under Internal Revenue Code § 409A, 26 U.S.C. § 409A, as amended; and
(8) A plan under an Internal Revenue Code section which did not exist at the time the personal power of attorney was executed.
(b) Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to retirement plans authorizes the agent to:
(1) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(2) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from 1 retirement plan to another;
(3) Establish a retirement plan in the principal's name;
(4) Make contributions to a retirement plan;
(5) Exercise investment powers available under a retirement plan; and
(6) Borrow from, sell assets to, or purchase assets from a retirement plan.
77 Del. Laws, c. 467, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-216. Taxes.

§§ 49A-216. Taxes.
Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to taxes authorizes the agent to:
(1) Prepare, sign, and file federal, state, local, and foreign income, gift, generation skipping transfer, payroll, property, Federal Insurance Contributions Act [26 U.S.C. § 3101 et seq.], and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code § 2032A, 26 U.S.C. § 2032A, as amended, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;
(2) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) Exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4) Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.
77 Del. Laws, c. 467, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter II. Authority › § 49A-217. Gifts.

§§ 49A-217. Gifts.
(a) In this section, a gift “for the benefit of” a person includes a gift to a trust, an account or an interest in property held under the Delaware Uniform Transfers to Minors Act [Chapter 45 of this title] or similar statute of any other state or jurisdiction, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code § 529, 26 U.S.C. § 529, as amended, or similar plan.
(b) Unless the personal power of attorney otherwise provides, language in a personal power of attorney granting general authority with respect to gifts authorizes the agent only to:
(1) Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code§ 2503(b), 26 U.S.C. § 2503(b), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code § 2513, 26 U.S.C. § 2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and
(2) Consent, pursuant to Internal Revenue Code § 2513, 26 U.S.C. § 2513, as amended, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(c) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including:
(1) The value and nature of the principal's property;
(2) The principal's foreseeable obligations and need for maintenance;
(3) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;
(4) Eligibility for a benefit, a program, or assistance under a statute or regulation; and
(5) The principal's personal history of making or joining in making gifts.
77 Del. Laws, c. 467, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 50. FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS › § 5001. Short title.

§ 5001. Short title.
This chapter may be cited as the “Fiduciary Access to Digital Assets and Digital Accounts Act.”
79 Del. Laws, c. 416, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 50. FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS › § 5003. Applicability.

§ 5003. Applicability.
This chapter applies to a grant of authority to a fiduciary over a digital account or a digital asset. Digital assets and digital accounts of an employer regularly used by an employee or contractor in the usual course of business are not subject to the provisions of this chapter.
79 Del. Laws, c. 416, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 50. FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS › § 5004. Control of digital accounts and digital assets by a fiduciary.

§ 5004. Control of digital accounts and digital assets by a fiduciary.
(a) Except as otherwise provided by a governing instrument or court order, a fiduciary may exercise control over any and all rights in digital assets and digital accounts of an account holder, to the extent permitted under applicable state or federal law, including copyright law, or regulations or any end user license agreement.
(b) If a provision in an end user license agreement limits a fiduciary's access to or control over a digital asset or digital account of an account holder, the provision is void as against the strong public policy of this State, unless the account holder has agreed to the provision by an affirmative act separate from the account holder's assent to other provisions of the end user license agreement.
(c) A choice-of-law provision in an end user license agreement is unenforceable against a fiduciary action under this chapter to the extent the provision designates law that enforces or would enforce a limitation on a fiduciary's access to or control over digital assets or digital accounts that is void under subsection (b) of this section.
79 Del. Laws, c. 416, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 50. FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS › § 5006. Custodian immunity.

§ 5006. Custodian immunity.
(a) Except as otherwise provided in subsection (b) of this section:
(1) A custodian shall accept a valid written request that complies on its face with the requirements of § 5005 of this title;
(2) A custodian shall accept a valid written request that is originally written in English or is translated into English, under oath of the translator.
(b) A custodian is not required to accept a valid written request if:
(1) The custodian is not otherwise required to engage in a transaction with the account holder in the same circumstances;
(2) Engaging in a transaction with the fiduciary or the account holder in the same circumstances would be inconsistent with applicable state or federal law, including copyright law, or regulations or any end user license agreement; or
(3) The custodian has actual knowledge that the fiduciary does not have the authority to perform the act requested.
(c) A custodian that in good faith accepts a valid written request without actual knowledge that it is void, invalid, or terminated, that the purported fiduciary's authority is void, invalid, or terminated, or that the fiduciary is exceeding or improperly exercising the fiduciary's authority may rely upon such valid written request as if it were genuine, valid and still in effect, the fiduciary's authority were genuine, valid and still in effect, and the fiduciary had not exceeded and had properly exercised the authority.
(d) For purposes of this section, a custodian that conducts activities through employees is without actual knowledge of a fact relating to a valid written request, an account holder, or a fiduciary if the employee conducting the transaction involving the valid written request is without actual knowledge of the fact. Notification of revocation of a valid written request by an account holder or fiduciary to an officer of any custodian shall constitute actual notice to all employees.
(e) A custodian that refuses in violation of this section to accept a valid written request from a fiduciary that complies with § 5005(c) of this title is subject to:
(1) A court order compelling compliance with the valid written request; and
(2) Liability for damages, including reasonable attorneys' fees and costs, incurred in any action or proceeding that confirms the validity or authority of a fiduciary to act, or compels acceptance of the fiduciary's valid written request under § 5005(c) of this title.
(f) A custodian acting in good faith is immune from liability for an action done in compliance with this chapter.
(g) A custodian acting in good faith is immune from civil liability for the custodian's accidental destruction of any digital asset or digital account subject to this chapter.
79 Del. Laws, c. 416, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 50. FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS › § 5007. Relation to Electronic Signatures in Global and National Commerce Act.

§ 5007. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
79 Del. Laws, c. 416, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 61. DELAWARE UNIFORM PRINCIPAL AND INCOME ACT › Subchapter I. Definitions and General Principles › § 61-101. Short title.

§§ 61-101. Short title.
Subchapters I through VI of this chapter may be cited as the “Delaware Uniform Principal and Income Act.”
77 Del. Laws, c. 99, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 61. DELAWARE UNIFORM PRINCIPAL AND INCOME ACT › Subchapter I. Definitions and General Principles › § 61-102. Definitions.

§§ 61-102. Definitions.
In this chapter:
(1) “Accounting period” means a calendar year unless another 12-month period is selected by a fiduciary. The term includes a portion of a calendar year or other 12-month period that begins when an income interest begins or ends when an income interest ends.
(2) “Beneficiary” includes, in the case of a decedent's estate, an heir, a next of kin, a legatee and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary.
(3) “Fiduciary” means a personal representative or a trustee. The term includes an executor, administrator, successor personal representative, special administrator, and a person performing substantially the same function.
(4) “Income” means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in subchapter IV of this chapter.
(5) “Income beneficiary” means a person to whom net income of a trust is or may be payable.
(6) “Income interest” means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion.
(7) “Mandatory income interest” means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.
(8) “Net income” means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this chapter to or from income during the period.
(9) “Person” means an individual, corporation, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(10) “Principal” means property held in trust for distribution to a remainder beneficiary when the trust terminates.
(11) “Remainder beneficiary” means a person entitled to receive principal when an income interest ends.
(12) “Terms of a trust” means the manifestation of the intent of a settlor with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct. The term “settlor” may include a decedent.
(13) “Trustee” includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court, and an adviser described in § 3313 of this title.
77 Del. Laws, c. 99, §  1;  77 Del. Laws, c. 330, §  19;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 61. DELAWARE UNIFORM PRINCIPAL AND INCOME ACT › Subchapter I. Definitions and General Principles › § 61-103. Fiduciary duties; general principles.

§§ 61-103. Fiduciary duties; general principles.
(a) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of subchapters II and III of this chapter, a fiduciary:
(1) Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this chapter;
(2) May administer a trust or estate by the exercise of a discretionary power of administration, which shall include a power to allocate between principal and income, given to the fiduciary by the terms of the trust or the will or by local law including, but not limited to, § 3325(23) of this title, even if the exercise of the power produces a result different from a result required or permitted by this chapter;
(3) Shall administer a trust or estate in accordance with this chapter if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration; and
(4) Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income.
(b) In exercising the power to adjust under § 61-104(a) of this title or a discretionary power of administration regarding a matter within the scope of this chapter, whether granted by the terms of a trust, a will, or this chapter, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor 1 or more of the beneficiaries. A determination in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries.
77 Del. Laws, c. 99, §  1;  77 Del. Laws, c. 330, §  20;