Delaware Special Power of Attorney — Form 11— - Pre and Post 2005 Act: A Comprehensive Overview The Delaware Special Power of Attorney — Form 11— - Pre and Post 2005 Act is a legal document used to grant someone else the authority to make decisions or take actions on behalf of the principal, typically known as the donor, in various matters. This document is specifically applicable in the state of Delaware and has undergone specific changes before and after the implementation of the 2005 Act. Let's explore this legal instrument in detail. Pre-2005 Act: Before the 2005 Act, the Delaware Special Power of Attorney — Form 11B had specific provisions and guidelines governing its creation and use. Some key features of the pre-2005 Act version of the form include: 1. Authority and Scope: The form would outline the specific powers granted to the agent (also known as the attorney-in-fact) by the principal. These powers could be broad or limited to particular areas such as real estate transactions, financial matters, health care decisions, or any customized scope as defined by the principal. 2. Requirements: The pre-2005 Act form would require the principal to sign the document in the presence of at least two adult witnesses or a notary public for it to be valid. These witnesses would also need to sign the document, affirming the principal's capacity and the voluntary nature of the document. Post 2005 Act: After the implementation of the 2005 Act, the Delaware Special Power of Attorney — Form 11B underwent some changes to align with the revised legal framework. Some significant modifications introduced in the post-2005 Act version include: 1. Agent's Acceptance: The updated form now requires the agent to accept and acknowledge their responsibilities, acting in the best interest of the principal. This provision ensures that the agent fully understands their role and the duties entailed. 2. Termination Clause: The post-2005 Act form incorporates a termination clause that stipulates when and how the power of attorney will cease to be effective. This provision ensures clarity and transparency for all parties involved. Different Types of Delaware Special Power of Attorney — Form 11B: 1. General Special Power of Attorney: This type grants the agent broad powers to act on behalf of the principal, often covering financial, legal, and personal affairs. 2. Limited Special Power of Attorney: A limited power of attorney is specific to a particular area or purpose. For example, it may grant the agent the authority to handle real estate matters or make medical decisions. 3. Durable Special Power of Attorney: A durable power of attorney remains valid even if the principal becomes incapacitated or unable to make decisions. This type ensures continuity of decision-making even in case of the principal's diminished capacity. It is crucial to consult with an attorney or legal professional when completing the Delaware Special Power of Attorney — Form 11B to ensure compliance with Delaware state laws and to tailor the document to meet the individual needs and requirements of the principal.