(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.
Structure 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-105. Execution of personal power of attorney.
§ 49A-106. Execution of personal power of attorney.
§ 49A-109. When personal power of attorney effective.
§ 49A-110. Termination of personal power of attorney or agent's authority.
§ 49A-111. Concurrent agents, joint agents, and successor agents.
§ 49A-112. Reimbursement and compensation of agent.
§ 49A-113. Agent's acceptance.
§ 49A-115. Exoneration of agent.
§ 49A-118. Agent's resignation; notice.
§ 49A-119. Acceptance of and reliance upon acknowledged personal power of attorney.
§ 49A-120. Liability for refusal to accept acknowledged personal power of attorney.