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Limited Power of Attorney for Education - Delaware

A PROJECT OF THE DISABILITIES LAW PROGRAM
OF COMMUNITY LEGALAID 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 theireducation. 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 yourspecific 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
contact us at one ofour three office locations:
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 POADOCUMENT!
LIMITED PERSONAL POWER OFATTORNEY
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 theperson 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’sauthority will continue even ifyou 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 attorneydoes 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 withthis
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 attorneyare explained more fully in
Delaware Code, Title 12, Chapter 49A, § 49A-114 and §§ 49A-201 through 49A-217.
If there is anything about this formthat 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 Powerof Attorney
KNOWALL BY THESE PRESENTS, that I, _________________________________ [student name], do
herebymake, constitute, and appoint __________________________________________ [name of person to act
on student’s behalf] mytrue and lawful attorney in factfor 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 anyright 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 ofspecial 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 actin my stead and behalf, as though personally
present, at all educationally relatedmeetings, including IEPmeetings, to receive notices requires by34
C.F.R. Part 300and State education regulations, and toauthorize, consent, modify, and waive rightsand
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
necessaryor proper in the exercise of the rights andpowers herein.
3.I grant to said attorney in fact full power and authority to do, take, and perform eachand every act
and thing whatsoeverrequisite, 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 attorneyshall be construed according to the laws of Delaware.
5.The rights, powers, and authorityof 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 fullforce and effect thereafter until I revoke said power in writing.
IN WITNESS WHEREOF, I, _____________________________________________[student name], have
hereunto set myHand 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 methe day andyear
aforesaid.
______________________________
NOTARY PUBLIC
My Commission Expires: _______________
AGENT'S CERTIFICATION
I, _____________, have read the attached limited power of attorneyand I am the person identified as the Agent or
identified as theAgent for the Principal. To the best of myknowledge this power has not been revoked. I hereby
acknowledge that, when I act as Agent, I shall:
Act in accordance withthe principal's reasonable expectations to the extent actually known to me and, otherwise, in
the Principal's best interest;
Act in good faith;
Act onlywithin the scope of authoritygranted 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 contraryin the limited power of attorney, when I act as
Agent, I shall:
Keep the assets ofthe Principal separate from my assets if the Principal acquires any assets applicable under this
limited power of attorney;
Exercise reasonable caution andprudence; and
Keep a full and accurate record of all actions, receipts and disbursements onbehalf of the Principal.
_________________________ __________
Agent Date
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