In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your South Dakota Power of Attorney document before successfully putting it into action.
To do this you will need to meet the following criteria:
Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
Your signature must be acknowledged by a notary public.
For Medical Powers of Attorney, you will also need 2 witnesses present.
In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located 30 days after signing.
This doesn’t apply to Limited Powers of Attorney, however. In this case only the principal needs to sign the form, due to the short term nature of the powers.
In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:
In 2020 South Dakota adopted Uniform Power of Attorney (§ 59-12-1). This act protects an individual’s right to POA made in a different state to the one the POA was made. This only includes states that have adopted the act. Ensure the document includes all necessary wording to comply with the UPOAA.
Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in South Dakota. They should also be someone that the Principal has full confidence in. See South Dakota Laws for full information.