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Delaware Code Title 21. Motor Vehicles § 3201. Definitions

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In this chapter:

(1) “Agent” means a person granted authority to act for the benefit of a principal under a limited durable power of attorney for completing all paperwork necessary to accomplish any required action(s) set forth in this title, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, concurrent agent, joint agent, successor agent, and a person to which an agent's authority is delegated.

(2) “Durable,” with respect to a power of attorney, means not terminated by the principal's incapacity, and satisfying the requirements set forth in § 3203 of this title.

(3) “Durable power of attorney” means a power of attorney that is durable, meeting the requirements of § 3203 of this title.

(4) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(5) “Electronic Signature” shall mean the execution of the document by the identified person after appropriate verification of identity of the person executing the document using a verification system acceptable to the Department.

(6) “Good faith” means honesty in fact.

(7) “Incapacity” means inability of an individual to manage his or her property or business affairs.

(8) “Limited” means that the power of attorney authorized herein is for the sole purpose of completing all paperwork necessary to accomplish any required action(s) set forth in this title.

(9) “Person” means an individual, corporation, statutory trust, estate, trust, partnership (general or limited), limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity or association.

(10) “Personal power of attorney” means any limited durable power of attorney executed in this State or, if executed other than in this State, specifying that the laws of this State shall govern such power of attorney.

(11) “Power of attorney” means a grant of authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.

(12) “Principal” means an individual who grants authority to an agent in a power of attorney acting for himself or herself and not as a fiduciary, officer, employee, representative, agent or official of any legal, governmental, or commercial entity or association.

(13) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(14) “Sign” means, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic sound, symbol, or process using an electronic program acceptable to the Department.

(15) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Cite this article: - Delaware Code Title 21. Motor Vehicles § 3201. Definitions - last updated January 01, 2019 |

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