Free downloads of the Delaware forms we are asked to notarise most — powers of attorney, wills, trusts and the advance health care directive — with the signing rules that actually apply to each.
These are the Delaware forms our clients ask for most. They are free to download and yours to keep. Two things are worth knowing before you fill one in.
Delaware has signing rules that most people get wrong. A personal power of attorney must be signed in front of a notary and one adult witness, and that witness may not be related to you by blood, marriage or adoption, nor inherit under your will (12 Del. C. § 49A-105). An advance health care directive needs two witnesses, and none of them can be family, an heir, or staff where you are a patient (16 Del. C. § 2503).
We are not attorneys. We do not draft these documents, choose them for you, or advise on what to put in them. We verify identity, witness the signing and provide the notarial act — and we can bring a qualifying independent witness, which is usually the part people cannot solve themselves.
You do not need to print any of these. Tell us which document you are signing and we bring printed copies to the appointment.
One honest note. Of these, only the durable statutory form carries Delaware’s notice to the principal and the agent’s certification. That matters: § 49A-105(b) says that without a signed notice, if your agent’s authority is ever challenged, your agent has to prove the document is valid. If you are granting broad, lasting authority, use the durable form.
A Delaware will needs two witnesses. The self-proving affidavit attached to a will is the part a notary completes, and it is what saves your executor from having to track those witnesses down years later to prove the will.
We are not attorneys, and we say so on every page. But telling you to “see a lawyer” and leaving it there is not much help, so there are two routes we can actually put in front of you.
And for USCIS paperwork we bring in a paralegal or an attorney to do the legal part, rather than turning you away. The notarial act stays ours; the legal work goes to someone qualified to do it. We will tell you which is which, and what each costs, before anything starts.
Disclosure: we are a LegalShield affiliate and receive a commission if you enrol through us. We will say so again at the time.
Homes, offices, hospitals, rehabilitation units and care facilities, anywhere in Delaware, including evenings and weekends. Two staffed offices if you would rather come to us.
The notarial act is capped by Delaware statute at $5.00. Travel and any independent witness are quoted separately and itemised before we set out.
Dover desk 302-505-1459
Millsboro office 302-316-3926
notary@delawaremobilesignings.com
Read more: power of attorney in Delaware · advance directive in Delaware · estate planning signings · fees and terms
