Fillable Printable Limited Power of Attorney for Education - Delaware

Limited Power of Attorney for Education - Delaware

A PROJECT OF THE DISABILITIES LAW PROGRAM

OF COMMUNITY LEGAL AID SOCIETY, INC.

Transition to Adulthood:

What you need to know as an individual with a disability.

Middle & High School Rights

for Delaware Transition-Age Youth and Their Families

MADE POSSIBLE WITH SUPPORT FROM

THE DELAWARE DEVELOPMENTAL DISABILITIES COUNCIL

SAMPLE – Limited Power of Attorney (POA) for Education

DISCLAIMER: This Limited Power of Attorney (POA) has been developed to assist

students who would like their parents or other trusted adult to continue to act on for them

in connection to their education. However, it is not specifically authorized by federal or

state law, thus Community Legal Aid Society, Inc. (CLASI) makes no guarantees that this

form will be accepted by your school district. For questions on your specific situation, if

your school district will not accept this form, or if obtaining notarization elsewhere would

be a hardship for you, you may apply for free legal assistance from CLASI.

Visit CLASI on the web at www.declasi.org or

New Castle County

302-575-0660

302-575-0696 (TTY/TDD)

Kent County

Dover, DE 19904

302-674-8500 (TTY/TDD Also)

Sussex County

302-856-0038 (TTY/TDD Also)

DETATCH THIS COVER PAGE FROM THE POA DOCUMENT!

LIMITED PERSONAL POWER OF ATTORNEY

NOTICE TO PRINCIPAL

***

As the person signing this durable power of attorney you are the Principal. The purpose of this power of

attorney is to give the person you designate (your “Agent”) broad powers to handle your property, which

may include powers to sell, dispose of, or encumber any real or personal property without advance notice

to you or approval by you.

This power of attorney does not authorize your Agent to make health-care decisions for you.

Unless you specify otherwise, your Agent’s authority will continue even if you become incapacitated, or

until you die or revoke the power of attorney, or until your Agent resigns or is unable to act for you.

You should select someone you trust to serve as your Agent.

This power of attorney does not impose a duty on your Agent to exercise granted powers, but when

powers are exercised, your Agent must use due care to act for your benefit and in accordance with this

power of attorney.

Your Agent must keep your funds and other property separate from your Agent’s funds and other property.

A court can take away the powers of your Agent if it finds your Agent is not acting properly.

The powers and duties of an Agent under a durable power of attorney are explained more fully in

Delaware Code, Title 12, Chapter 49A, § 49A-114 and §§ 49A-201 through 49A-217.

If there is anything about this form that you do not understand, you should ask a lawyer of your own

choosing to explain it to you.

I have read or had explained to me this notice and I understand its contents.

_____________

__________________, Principal Date

Limited Personal Power of Attorney

KNOW ALL BY THESE PRESENTS, that I, _________________________________ [student name], do

hereby make, constitute, and appoint __________________________________________ [name of person to act

on student’s behalf] my true and lawful attorney in fact for me in my name, place, and stead, and on my behalf, in

the following respects:

1. I grant to such attorney in fact full authority to act in my stead with respect to any right or

entitlement conferred by the Individuals with Disabilities Education Act (“IDEA”; codified at 20 U.S.C. §

1400 et seq), and Chapter 31 of Title 14 of the Delaware Code, including full authority to determine the

parameters of special education programming, related services, evaluations, placement, to access records,

file and pursue administrative complaints and due process proceedings, and financial responsibility. This

authority extends without limitation, to the power to act in my stead and behalf, as though personally

present, at all educationally related meetings, including IEP meetings, to receive notices requires by 34

C.F.R. Part 300 and State education regulations, and to authorize, consent, modify, and waive rights and

entitlements.

2. I grant to said attorney in fact full authority to make, receive, sign, endorse, execute, acknowledge,

deliver, and possess such documents and instruments or writings of any kind and nature as may be

necessary or proper in the exercise of the rights and powers herein.

3. I grant to said attorney in fact full power and authority to do, take, and perform each and every act

and thing whatsoever requisite, proper or necessary to be done, in the exercise of the rights and powers

herein granted, as fully to all intents and purposes as I might or could do if I personally present, with full

power of substitution or revocation, hereby ratifying and confirming all the said attorney in fact shall

lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein

granted.

4. This power of attorney shall be construed according to the laws of Delaware.

5. The rights, powers, and authority of said attorney in fact herein granted shall commence and be in

full force and effect on ________________, 20_____ [effective date], and said rights powers and authority

shall remain in full force and effect thereafter until I revoke said power in writing.

IN WITNESS WHEREOF, I, _____________________________________________ [student name], have

hereunto set my Hand and Seal, this _________ day of _____________________, 20_____.

________________________________________________________ (SEAL)

SIGNED, SEALED, AND DELIVERED

Student Signature

IN THE PRESENCE OF:

____________________________ ____________________________________ _______________________________________

Witness Signature Print Witness Name Witness Address

STATE OF DELAWARE:

SS:

______________ County:

BE IT REMEMBERED that on this ____ day of _____________, 20______, personally appeared before

me, ______________________________, party to this Power of Attorney, who acknowledged this Power of

Attorney to be his/her voluntary act and deed. SWORN TO AND SUBSCRIBED before me the day and year

aforesaid.

______________________________

NOTARY PUBLIC

My Commission Expires: _______________

AGENT'S CERTIFICATION

I, _____________, have read the attached limited power of attorney and I am the person identified as the Agent or

identified as the Agent for the Principal. To the best of my knowledge this power has not been revoked. I hereby

acknowledge that, when I act as Agent, I shall:

Act in accordance with the principal's reasonable expectations to the extent actually known to me and, otherwise, in

the Principal's best interest;

Act in good faith;

Act only within the scope of authority granted in the limited power of attorney; and

To the extent reasonably practicable under the circumstances, keep in regular contact with the principal and

communicate with the principal.

In addition, in the absence of a specific provision to the contrary in the limited power of attorney, when I act as

Agent, I shall:

Keep the assets of the Principal separate from my assets if the Principal acquires any assets applicable under this

limited power of attorney;

Exercise reasonable caution and prudence; and

Keep a full and accurate record of all actions, receipts and disbursements on behalf of the Principal.

_________________________ __________

Agent Date