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. You can use it to elect an agent (attorney-in-fact) who acts on your behalf when you’re attending to other matters or incapacitated and can’t act for yourself.
By Type
Durable (Financial)
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).
Medical
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).
Limited (Special)
Allows you to temporarily give limited powers to an agent for specific tasks (such as signing paperwork).
Signing Requirements: Principal only (§ 59-6-11).
Non-Durable (General)
Allow a third party to manage your financial affairs on your behalf.
Signing Requirements: Notary public (§ 59-12-4, § 59-12-42).
Springing
Comes in effect when a specific event occurs, such as the incapacitation of the principal. In essence, the document “springs” into action.
Vehicle (Form 1023)
Allow another individual to act on your behalf concerning vehicle-related matters.
Signing Requirements: Notary public.
Real Estate
Name a real estate agent or a family member to handle your property-related affairs.
Signing Requirements: Notary public.
Tax (Form RV-071)
Name an agent to represent you when handling your tax affairs.
Signing Requirements: Principal, attorney-in-fact, and notary public.
Minor (Child)
Entrust someone to care for your child when you're traveling, in the hospital, or otherwise unavailable.
Signing Requirements: Notary public.
