Delaware Code Title 12 Sec. 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.
Terms Used In Delaware Code Title 12 Sec. 49A-213
- Adult: means an individual who has attained 18 years of age. See Delaware Code Title 12 Sec. 39A-101
- Amortization: Paying off a loan by regular installments.
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Dependent: A person dependent for support upon another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Party: means the respondent, petitioner, guardian, conservator, or any other person allowed by the Court to participate in a guardianship or protective proceeding. See Delaware Code Title 12 Sec. 39A-101
- 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
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
(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.