A South Dakota Power of Attorney is a legal document that allows a principal to designate an agent to handle their financial, medical, or other legal matters. It’s important to note that power of attorney laws vary from state to state, so it’s crucial to download the specific power of attorney document for South Dakota to ensure that it is legally binding.
Laws & Requirements
Statute: Title 59 of the South Dakota Codified Laws.
Signing Requirements § 59-12-4, § 59-12-42: Notary public.
By Type
General/Financial Power of Attorney
Allow a third party to manage your financial affairs on your behalf.
Signing Requirements: Notary public (§ 59-12-4, § 59-12-42).
Medical Power of Attorney
Give another person or entity the authority to make health care and medical decisions on your behalf.
Signing Requirements: Notary public and two witnesses (§ 59-7-2.1).
Durable Power of Attorney
Use if you wish for the agent to retain their powers even when you become incapacitated (legally unable to make your own decisions).
Signing Requirements: Notary public (§ 59-12-4, § 59-12-42).
Real Estate Power of Attorney
Name a real estate agent or a family member to handle your property-related affairs.
Signing Requirements: Notary public.
Minor (Child) Power of Attorney
Entrust someone to care for your child when you're traveling, in the hospital, or otherwise unavailable.
Signing Requirements: Notary public.
Vehicle Power of Attorney (Form 1023)
Allow another individual to act on your behalf concerning vehicle-related matters.
Signing Requirements: Notary public.
South Dakota Tax Power of Attorney | Form RV-071
Name an agent to represent you when handling your tax affairs.
Signing Requirements: Principal, attorney-in-fact, and notary public.
