A South Dakota general power of attorney (GPOA) is a form that allows an individual (the principal) to designate an agent to manage their financial, business, and property affairs. This document grants the agent authority to follow the principal’s directives within a specified timeframe. However, the powers granted cease automatically upon the principal’s incapacitation, as certified in writing by a medical professional.
This feature acts as a safeguard, ensuring the agent acts only under the principal’s guidance. If continued authority beyond incapacitation is desired, a durable POA form should be considered.
Authority (SDCL § 59-12-23) – An agent designated in a power of attorney has the ability to represent the principal and wield extensive powers as provided in the agreement.
Signing Requirements (§ 59-12-4) – For legal validity, the principal’s signature must be notarized.
Presumption of Durability (§ 59-12-3) – No, but you can add language to the document to make sure the power of attorney stays effective even if you become incapacitated.