A South Dakota power of attorney revocation facilitates the nullification of an existing POA document. If the principal no longer wants or needs the agent to act on their behalf, they can fill out a revocation form instead of waiting for the termination date in the original POA.
When completing the revocation document, the principal should provide all relevant details, including the names of all parties. Timely and proper distribution of this form is essential, as uninformed agents won’t have any liability if they continue to exercise their authority in good faith.
Legal Considerations
Statute – Uniform Power of Attorney Act (Chapter 59-12).
Definitions – § 59-12-1.
Signing Requirements – § 59-12-43 – Notary public.
Statutory Form – § 59-12-43.
Revocation and Termination
§ 59-12-9 explains that a power of attorney terminates when at least one of the following conditions is true:
- The court decides to appoint an official (like a conservator) to take over the management of the principal’s property (in accordance with § 59-12-7(2)).
- The principal revokes the agent’s authority.
- The agent dies, resigns, or becomes unable to act according to the principal’s wishes.
- The principal revokes the POA.
- The principal passes away.
By the same token, an agent’s authority terminates when any of the following conditions apply:
- The principal revokes the authority.
- The agent dies, becomes incapacitated, or resigns.
- The power of attorney terminates.
- The agent and principal’s marriage ends through divorce or annulment.
You don’t have to wait for the document or the agent’s authority to terminate, as you can do it yourself. South Dakota has a revocation form present in § 59-12-43. A principal can revoke their original POA by completing the revocation form and adhering to the provisions in §§ 43-28-23 and 7-9-1 for any document they record with their local register of deeds.
Please distribute copies of the revocation form to all relevant parties, including the agent whose authority you’re revoking and any institutions that store the original POA.
Fees
- Notary: Notary fees typically start at $5, but they can go up to $10 per signature.
- Recording: Recording fees range from $20 to $50. Depending on your document size, you may be charged for additional pages. You’ll only have to record your revocation form and pay the associated fee if you recorded the original POA document.
Resources
- South Dakota Legal Self-Help – Helps low-income individuals find legal service providers.
- Dakota Plains Legal Services – Focuses on providing free legal assistance to qualifying individuals.
- SD Free Legal Answers – Offers virtual legal advice for civic matters.
Related Forms
Durable Power of Attorney
Signing Requirements: Notary public.
Minor (Child) Power of Attorney
Signing Requirements: Notary public.
Medical Power of Attorney
Signing Requirements: Two witnesses or notary public.
