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;

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Terms Used In Delaware Code Title 12 Sec. 49A-118

  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC