A South Dakota durable power of attorney form designates an agent to handle financial matters on behalf of the principal, with varying levels of power and validity throughout the principal’s lifetime. It is essential to carefully consider the agent chosen and the level of control granted in the durable power of attorney form.
In South Dakota, power of attorney forms can be made durable by including similar language to the following:
“This power of attorney shall not be affected by disability of the principal.”
“This power of attorney shall become effective upon the disability of the principal.”
- Relevant Laws: §§ 59-1-1 — 59-12-43.
- Presumed Durable: No. § 59-7-2.1.
- Signing: Signature required. At least two witness signatures or notarization is also needed.
- Notarization: The principal must sign the form before two adult witnesses or a notary public. § 59-7-2.1.
- Statutory Form: Yes, but cannot be used for medical powers of attorney — § 59-12-41.