reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4511. Validity and effect of transfer.

§ 4511. Validity and effect of transfer.
(a) The validity of a transfer made in a manner prescribed in this chapter is not affected by:
(1) Failure of the transferor to comply with § 4509(c) of this title concerning possession and control;
(2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under § 4509(a) of this title; or
(3) Death or incapacity of a person nominated under § 4503 of this title or designated under § 4509 of this title as custodian or the disclaimer of the office by that person.
(b) A transfer made pursuant to § 4509 of this title is irrevocable and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in this chapter.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian and to any third person dealing with a person designated as custodian the respective powers, rights and immunities provided in this chapter.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4512. Care of custodial property.

§ 4512. Care of custodial property.
(a) A custodian shall:
(1) Take control of custodial property;
(2) Register or record title to custodial property if appropriate; and
(3) Collect, hold, manage, invest and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another in accordance with the standard of care set forth in § 3302 of this title and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on:
(1) The life of the minor only if the minor or the minor's estate is the sole beneficiary, or
(2) The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate or the custodian in the capacity of custodian is the irrevocable beneficiary.
(d) A custodian at all times, shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded and custodial property subject to registration is so identified if it is either registered or held in an account designated in the name of the custodian, followed in substance by the words:
“as a custodian for (name of minor) under the Delaware Uniform Transfers to Minors Act.”
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4513. Powers of custodian.

§ 4513. Powers of custodian.
(a) A custodian acting in a custodial capacity has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity only.
(b) This section does not relieve a custodian from liability for breach of § 4512 of this title.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4514. Use of custodial property.

§ 4514. Use of custodial property.
(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(1) The duty or ability of the custodian personally or of any other person to support the minor, or
(2) Any other income or property of the minor which may be applicable or available for that purpose.
(b) On petition of an interested person or the minor, if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4515. Custodian's expenses, compensation and bond.

§ 4515. Custodian's expenses, compensation and bond.
(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(b) Except for one who is a transferor under § 4504 of this title, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in § 4518(f) of this title, a custodian need not give a bond.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4516. Exemption of third person from liability.

§ 4516. Exemption of third person from liability.
A third person, in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) The validity of the purported custodian's designation;
(2) The propriety of or the authority under this chapter for any act of the purported custodian;
(3) The validity of propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) The propriety of the application of any property of the minor delivered to the purported custodian.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4517. Liability to third persons.

§ 4517. Liability to third persons.
(a) A claim based on:
(1) A contract entered into by a custodian acting in a custodial capacity;
(2) An obligation arising from the ownership or control of custodial property; or
(3) A tort committed during the custodianship
may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b) A custodian is not personally liable:
(1) On a contract properly entered into in the custodial capacity, unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship, unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship, unless the minor is personally at fault.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4519. Accounting by and determination of liability of custodian.

§ 4519. Accounting by and determination of liability of custodian.
(a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor or a transferor's legal representative may petition the Court:
(1) For an accounting by the custodian or the custodian's legal representative; or
(2) For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under § 4517 of this title to which the minor or the minor's legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The Court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(d) If a custodian is removed under § 4518(f) of this title, the Court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4520. Termination of custodianship.

§ 4520. Termination of custodianship.
The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:
(1) The minor's attainment of 21 years of age with respect to custodial property transferred under § 4504 or § 4505 of this title;
(2) The minor's attainment of 18 years of age with respect to custodial property transferred under § 4506 or § 4507 of this title; or
(3) The minor's death.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4521. Applicability.

§ 4521. Applicability.
This chapter applies to a transfer within the scope of § 4502 of this title made after June 26, 1996, if:
(1) The transfer purports to have been made under the Delaware Uniform Gifts to Minors Act; or
(2) The instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this chapter is necessary to validate the transfer.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4522. Effect on existing custodianships.

§ 4522. Effect on existing custodianships.
(a) Any transfer of custodial property, as now defined in this chapter, made before June 26, 1996, is validated notwithstanding that there was no specific authority in the Delaware Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b) This chapter applies to all transfers made before June 26, 1996, in a manner and form prescribed in the Delaware Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on June 26, 1996.
(c) Sections 4501 and 4520 of this title with respect to the age of a minor for whom custodial property is held under this chapter do not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of 18 after January 1, 1975, and before June 26, 1996.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 47. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › § 4701. Short title.

§ 4701. Short title.
This chapter may be cited as the “Uniform Prudent Management of Institutional Funds Act.”
59 Del. Laws, c. 572, §  1;  76 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 47. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › § 4702. Definitions.

§ 4702. Definitions.
In this chapter:
(1) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.
(2) “Endowment fund” means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use.
(3) “Gift instrument” means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.
(4) “Institution” means:
a. A person, other than an individual, organized and operated exclusively for charitable purposes;
b. A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and
c. A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.
(5) “Institutional fund” means a fund held by an institution exclusively for charitable purposes. The term does not include:
a. Program-related assets;
b. A fund held for an institution by a trustee that is not an institution; or
c. A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.
(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7) “Program-related asset” means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.
(8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
59 Del. Laws, c. 572, §  1;  76 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 47. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › § 4704. Appropriation for expenditure or accumulation of endowment fund; rules of construction.

§ 4704. Appropriation for expenditure or accumulation of endowment fund; rules of construction.
(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:
(1) The duration and preservation of the endowment fund;
(2) The purposes of the institution and the endowment fund;
(3) General economic conditions;
(4) The possible effect of inflation or deflation;
(5) The expected total return from income and the appreciation of investments;
(6) Other resources of the institution; and
(7) The investment policy of the institution.
(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a), a gift instrument must specifically state the limitation.
(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only “income,” “interest,” “dividends,” or “rents, issues, or profits,” or “to preserve the principal intact,” or words of similar import:
(1) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and
(2) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section.
59 Del. Laws, c. 572, §  1;  76 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 47. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › § 4705. Delegation of management and investment functions.

§ 4705. Delegation of management and investment functions.
(a) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:
(1) Selecting an agent;
(2) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and
(3) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.
(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.
(c) An institution that complies with subsection (a) of this section is not liable for the decisions or actions of an agent to which the function was delegated.
(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State in all proceedings arising from or related to the delegation or the performance of the delegated function.
(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this State other than this chapter.
59 Del. Laws, c. 572, §  1;  76 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 47. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › § 4706. Release or modification of restrictions on management, investment, or purpose.

§ 4706. Release or modification of restrictions on management, investment, or purpose.
(a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.
(b) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor's probable intention.
(c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard.
(d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if:
(1) The institutional fund subject to the restriction has a total value of less than $25,000;
(2) More than 20 years have elapsed since the fund was established; and
(3) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.
59 Del. Laws, c. 572, §  1;  76 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 47. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › § 4707. Reviewing compliance.

§ 4707. Reviewing compliance.
Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.
59 Del. Laws, c. 572, §  1;  70 Del Laws, c. 186,, §  1;  76 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 47. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › § 4708. Application to existing institutional funds.

§ 4708. Application to existing institutional funds.
This chapter applies to institutional funds existing on or established after July 31, 2007. As applied to institutional funds existing on July 31, 2007, this chapter governs only decisions made or actions taken on or after that date.
76 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 47. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › § 4709. Relation to Electronic Signatures In Global and National Commerce Act.

§ 4709. Relation to Electronic Signatures In Global and National Commerce Act.
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101 of that act, 15 U.S.C. § 7001(a), or authorize electronic delivery of any of the notices described in § 103 of that act, 15 U.S.C. § 7003(b).
76 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 47. UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › § 4710. Applicability and construction.

§ 4710. Applicability and construction.
This chapter shall apply solely to trusts and estates included within the meaning of the terms “institution,” “institutional fund” and “person” as used under this chapter and no part of this chapter shall apply to, or affect, the validity, construction, interpretation, effect, administration or management of any other trust or estate or the governing instrument thereof.
76 Del. Laws, c. 159, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49. DURABLE POWERS OF ATTORNEY › § 4901. Defined.

§ 4901. Defined.
A durable power of attorney is a power of attorney by which a principal designates another agent in writing, and the writing contains the words:
“This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or “This power of attorney shall become effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity.
63 Del. Laws, c. 267, §  1;  77 Del. Laws, c. 467, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49. DURABLE POWERS OF ATTORNEY › § 4902. Power not affected by disability.

§ 4902. Power not affected by disability.
All acts done by an agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and by the principal, and the principal's successors in interest, as if the principal did not have a disability or incapacity.
63 Del. Laws, c. 267, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 467, §  1;  78 Del. Laws, c. 179, §  131;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49. DURABLE POWERS OF ATTORNEY › § 4903. Relation of agent to court-appointed fiduciary.

§ 4903. Relation of agent to court-appointed fiduciary.
(a) The appointment of a guardian or other fiduciary charged with the management of the principal's property or the care of the principal's person shall terminate all powers of attorney created pursuant to this chapter to the extent the powers held by the agent prior to the appointment of a guardian or other fiduciary are granted to the guardian or other fiduciary.
(b) After the appointment of a guardian or other fiduciary charged with the management of the principal's property or the care of the principal's person, the agent is accountable to such guardian or other fiduciary as well as to principal as to any powers which the agent continues to hold. A guardian or other fiduciary shall only have such powers to revoke or amend the powers of the agent as shall be given to such guardian or other fiduciary by the court.
63 Del. Laws, c. 267, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 467, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49. DURABLE POWERS OF ATTORNEY › § 4904. Death, disability or incapacity of principal.

§ 4904. Death, disability or incapacity of principal.
(a) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke nor terminate the agency as to the agent, or other person who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the successors in interest of the principal.
(b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke nor terminate the agency as to the agent, or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
63 Del. Laws, c. 267, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 467, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49. DURABLE POWERS OF ATTORNEY › § 4905. Exercise of power after revocation.

§ 4905. Exercise of power after revocation.
As to acts undertaken in good faith reliance thereon, an affidavit executed by the agent under a power of attorney, durable or otherwise, stating that the agent did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death, disability or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time, the occurrence of an event other than an expressed revocation or a change in the principal's capacity.
63 Del. Laws, c. 267, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 467, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49. DURABLE POWERS OF ATTORNEY › § 4906. Relation of this chapter to Chapter 49A of this title.

§ 4906. Relation of this chapter to Chapter 49A of this title.
The provisions of this chapter shall not apply to any personal power of attorney governed by Chapter 49A of this title.
77 Del. Laws, c. 467, §  3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter I. General Provisions › § 49A-101. Short title.

§§ 49A-101. Short title.
This chapter may be cited as the “Durable Personal Powers of Attorney Act.”
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 I. General Provisions › § 49A-104. Power of attorney is durable.

§§ 49A-104. Power of attorney is durable.
A power of attorney is durable if it contains the words:
“This power of attorney shall not be affected by the subsequent incapacity of the principal,” or “This power of attorney shall become effective upon the incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity.
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 I. General Provisions › § 49A-106. Execution of personal power of attorney.

§§ 49A-106. Execution of personal power of attorney.
(a) A personal power of attorney executed on or after October 1, 2010, is validly executed if it complies with § 49A-105 of this title, unless such personal power of attorney provides that it is governed by the laws of another jurisdiction, in which case, such personal power of attorney is validly executed if such execution complies with the laws of such other jurisdiction.
(b) A personal power of attorney executed before October 1, 2010, is validly executed if it complied with the laws of this State as they existed at the time of execution, unless such personal power of attorney provides that it is governed by the laws of another jurisdiction, in which case, such personal power of attorney is validly executed if such execution complied with the laws of such other jurisdiction.
(c) A durable power of attorney (other than a personal power of attorney) will be deemed to be validly executed under the laws of this State if, when the power of attorney was executed, the execution complied with:
(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney; or
(2) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b, as amended.
(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
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 I. General Provisions › § 49A-108. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary.

§§ 49A-108. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary.
(a) The appointment by a court of a guardian or other fiduciary charged with the management of the principal's property or the care of the principal's person shall terminate all personal powers of attorney to the extent the powers held by the agent prior to the appointment of a guardian or other fiduciary are granted by such court to the guardian or other fiduciary. The person serving as an agent of the principal pursuant to this chapter shall, upon the request of the agent and absent cause to the contrary, be appointed the guardian or other fiduciary in a proceeding under Chapter 39 of this title.
(b) After the appointment of a guardian or other fiduciary charged with the management of the principal's property or the care of the principal's person, the agent is accountable to such guardian or other fiduciary as well as to the principal as to any personal powers of attorney which the agent continues to hold. A guardian or other fiduciary shall only have such powers to revoke or amend the powers of the agent as shall be given to such guardian or other fiduciary by the court.
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 I. General Provisions › § 49A-109. When personal power of attorney effective.

§§ 49A-109. When personal power of attorney effective.
(a) A personal power of attorney is effective when executed unless the principal provides in the personal power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a personal power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the personal power of attorney, may authorize 1 or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a personal power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person or persons to determine whether the principal is incapacitated, or the person or persons authorized is or are unable or unwilling to make the determination, the personal power of attorney becomes effective upon a determination in a writing or other record by a physician or by the Court of Chancery or other court of competent jurisdiction that the principal is incapacitated.
(d) A person authorized by the principal in the personal power of attorney to determine that the principal is incapacitated may 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 access to the principal's health-care information and communicate with the principal's health-care provider.
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 I. General Provisions › § 49A-110. Termination of personal power of attorney or agent's authority.

§§ 49A-110. Termination of personal power of attorney or agent's authority.
(a) A personal power of attorney terminates when:
(1) The principal dies;
(2) The principal revokes the personal power of attorney;
(3) A terminating event set forth in the personal power of attorney occurs;
(4) The purpose of the personal power of attorney is accomplished;
(5) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the personal power of attorney does not provide for another agent to act; or
(6) The personal power of attorney is revoked by order of the Court of Chancery pursuant to § 49A-116 of this title or otherwise.
(b) An agent's authority terminates when:
(1) The principal revokes the authority;
(2) The agent dies, becomes incapacitated, or resigns;
(3) An action is filed for the dissolution or annulment of the agent's marriage to the principal, unless the personal power of attorney otherwise provides; or
(4) The personal power of attorney terminates.
(c) Unless the personal power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this section, notwithstanding a lapse of time since the execution of the personal power of attorney.
(d) Termination of an agent's authority or of a personal power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the personal power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(e) The execution of a personal power of attorney does not revoke a personal power of attorney previously executed by the principal unless the subsequent personal power of attorney provides that the previous personal power of attorney is revoked or that all other personal powers of attorney are revoked.
77 Del. Laws, c. 467, §  4;  78 Del. Laws, c. 369, §  3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter I. General Provisions › § 49A-111. Concurrent agents, joint agents, and successor agents.

§§ 49A-111. Concurrent agents, joint agents, and successor agents.
(a) A principal may designate 2 or more persons to act as concurrent agents. Each concurrent agent may exercise its authority independently.
(b) A principal may designate 2 or more persons to act as joint agents. No joint agent shall have the power to act without the agreement of all other joint agents and shall have no power to act independent of the other agent.
(c) If the principal designates more than 1 agent and does not specify that they are concurrent agents or joint agents, such agents shall be considered concurrent agents.
(d) A principal may designate 1 or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. Unless the personal power of attorney otherwise provides, a successor agent:
(1) Has the same authority as that granted to the original agent; and
(2) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(e) A principal may give an appointed agent or another person designated by name, office or function the authority to designate by a writing executed by such person, 1 or more concurrent, joint, or successor agents in addition to those designated in the personal power of attorney. Unless the personal power of attorney authorizing the appointment of such further agents otherwise provides, a concurrent, joint, or successor agent appointed by this method:
(1) Has the same authority as that granted to the original agent; and
(2) May not act until the predecessor designee has resigned, died, become incapacitated, is no longer qualified to serve, or has declined to serve.
(f) Except as otherwise provided in the personal power of attorney and subsection (g) of this section, an acting agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(g) An acting agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
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 I. General Provisions › § 49A-112. Reimbursement and compensation of agent.

§§ 49A-112. Reimbursement and compensation of agent.
(a) An agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal.
(b) An agent shall not be entitled to compensation unless:
(1) The personal power of attorney so provides; and
(2) The compensation is reasonable under the circumstances.
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 I. General Provisions › § 49A-113. Agent's acceptance.

§§ 49A-113. Agent's acceptance.
Except as otherwise provided in the personal power of attorney, a person accepts appointment as an agent under a personal power of attorney by signing the agent's certification (pursuant to § 49A-105(c) of this title) or by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
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 I. General Provisions › § 49A-115. Exoneration of agent.

§§ 49A-115. Exoneration of agent.
A provision in a personal power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
(1) Relieves the agent of liability for breach of duty committed in bad faith or with reckless indifference to the purposes of the personal power of attorney or the best interest of the principal; or
(2) Was inserted as a result of undue influence upon 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 I. General Provisions › § 49A-116. Judicial relief.

§§ 49A-116. Judicial relief.
(a) A person designated in subsection (b) of this section may petition the Court of Chancery requesting that the Court:
(1) Determine whether the personal power of attorney or the authority of an agent is in effect or has terminated pursuant to § 49A-110 of this title or otherwise;
(2) Compel the agent to exercise or refrain from exercising authority in a particular manner or for a particular purpose;
(3) Compel the agent to account for transactions conducted on the principal's behalf pursuant to § 49A-114(g) of this title;
(4) Modify, suspend, or revoke the powers of the agent to act under a personal power of attorney, and, if the principal has not designated another agent or successor agent in the personal power of attorney, appoint another agent to act in place of the agent whose powers are modified, suspended, or revoked;
(5) Determine an agent's liability for violation of his or her duties pursuant to § 49A-114 of this title; or
(6) Compel a person to accept a personal power of attorney if required to by § 49A-120 of this title.
(b) Any of the following persons may file a petition seeking appropriate relief under this section:
(1) The principal or the agent;
(2) The spouse, child, or parent of the principal;
(2) A guardian, trustee, or other fiduciary acting for the principal;
(3) The personal representative, trustee, or a beneficiary of the principal's estate;
(4) Any other interested person, as long as the person demonstrates to the Court's satisfaction that the person is interested in the welfare of the principal and has a good faith belief that:
a. The Court's intervention is necessary; and
b. The principal is incapacitated at the time of filing the petition or otherwise unable to protect that principal's own interests; or
(5) A person asked to accept a personal power of attorney.
(c) Upon motion by the principal, who shall be presumed to have legal capacity, the Court shall dismiss a petition filed under this section, unless the Court finds that the principal lacks capacity to revoke the agent's authority or the personal power of attorney.
(d) Nothing in this section shall preclude or diminish the Court's authority to appoint a guardian or other fiduciary pursuant to Chapter 39 of this title, or to order other judicial relief, in order to grant appropriate relief upon review of a personal power of attorney or an agent's conduct with respect to a personal power of attorney.
(e) Nothing in this section shall preclude the Department of Health and Social Services, the Public Guardian, or other governmental agency having authority to protect the welfare of the principal from petitioning the Court for access to the principal or to records necessary to determine, or terminate, possible abuse, neglect, exploitation or abandonment of the principal.
77 Del. Laws, c. 467, §  4;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 369, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter I. General Provisions › § 49A-118. Agent's resignation; notice.

§§ 49A-118. Agent's resignation; notice.
Unless the personal power of attorney provides a different method for an agent's resignation, an agent may resign by giving written notice to the principal and, if the principal is incapacitated:
(1) To the guardian, if one has been appointed for the principal, and a concurrent agent or successor agent; or
(2) If there is no person described in paragraph (1) of this section, to:
a. The principal's primary caregiver;
b. Another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
c. A governmental agency having authority to protect the welfare of the principal.
77 Del. Laws, c. 467, §  4;  78 Del. Laws, c. 369, §  5;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT › Subchapter I. General Provisions › § 49A-119. Acceptance of and reliance upon acknowledged personal power of attorney.

§§ 49A-119. Acceptance of and reliance upon acknowledged personal power of attorney.
(a) For purposes of this section and § 49A-120 of this title, “acknowledged” means purportedly verified before a notarial officer.
(b) A person that in good faith accepts an acknowledged personal power of attorney without actual knowledge that the signature is not genuine may rely upon a presumption that the signature is genuine.
(c) A person that in good faith accepts an acknowledged personal power of attorney without actual knowledge that the personal power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the personal power of attorney as if the personal power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.
(d) A person that is asked to accept an acknowledged personal power of attorney may request, and rely upon, without further investigation, an English translation, under oath of the translator, of the personal power of attorney if it contains, in whole or in part, language other than English.
(e) For purposes of this section and § 49A-120 of this title, a person that conducts activities through employees is without actual knowledge of a fact relating to a personal power of attorney, a principal, or an agent if the employee conducting the transaction involving the personal power of attorney is without actual knowledge of the fact. Notification of revocation of a personal power of attorney by a principal or agent to an officer of a bank or other financial institution shall constitute actual notice to all employees.
77 Del. Laws, c. 467, §  4;  78 Del. Laws, c. 369, §§  6, 7;