Free South Dakota Power of Attorney (POA) Form

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Types of Power of Attorney in South Dakota

There are many types of POA that can be used in South Dakota to appoint an Agent or Attorney-in-Fact to make decisions and to manage essential financial and/or medical responsibilities for a principal.

The most common kinds of POA available in South Dakota include the following examples:

Type of POA Uses Usable After Incapacity?
Durable A Durable POA allows an Agent to manage your estate for you at all times, even if you fall unconscious or become medically incapacitated. Yes
General General POAs give Agents control over a wide range of your financial responsibilities. This expires, however, if you fall unconscious or are incapacitated. No
Limited Limited POAs grant an Agent responsibility over specific, normally one-off, tasks. These forms are usually time limited, only giving your representative authority for a short period of time. Yes (if durable)
Medical Medical POAs allow you to delegate important healthcare decisions to your Agent. This can then be used when urgent choices regarding treatment need to be made when you’re unconscious. Yes
Real Estate Real Estate POAs let your Agent manage tasks related to the buying and selling of property on your behalf. Yes (if durable)
Vehicle (DMV) Using a Vehicle POA allows an Agent to buy and sell vehicles for you and to manage other ownership tasks such as registering titles with the DMV and updating official documentation. Yes (if durable)
Springing A Springing POA allows an Agent to act for you when certain conditions or criteria occur. For example: the Power of Attorney may only become active if you are unconscious or are unavailable for a period of time. Yes (if durable)
Minor (Child) With a Minor POA, you can delegate your parental rights over a child to your Agent temporarily. This might be necessary if you are seriously ill, serving in the military or have to travel for work purposes. Yes (if durable)
Tax With a Tax POA, your Agent may represent you and sign documents on your behalf at a local South Dakota Department of Revenue office. Yes (if durable)

How to Get a Power of Attorney in South Dakota

There are a few ways to get a Power of Attorney in South Dakota. This gives you 3 specific options to choose from:

  1. Get it online: You can get a complete South Dakota Power of Attorney document using our online legal form maker. This will walk you step-by-step through the information you’ll need to add and help you make a legally compliant document.
  2. Go to a lawyer: You can hire a lawyer to draw up a Power of Attorney form for you in South Dakota. However, this is often a more costly process and will often take longer to complete.
  3. Get it from a government office: Pre-printed forms for Tax or Vehicle POAs can be obtained from South Dakota government offices such as the DMV or Department of Revenue.

South Dakota Power of Attorney Requirements

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:

  1. Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
  2. The completed form should be signed by both the Agent and Principal.
  3. Your signature must be acknowledged by a notary public.
  4. For Medical Powers of Attorney, you will also need 2 witnesses present.
  5. 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:

  • Be over 18 years of age.
  • Be mentally competent enough to enter into a contractual agreement.
  • Understand the powers that are being granted.

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.

South Dakota Power of Attorney Sample

Creating and putting a Power of Attorney into action in South Dakota is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document.

Our sample South Dakota Power of Attorney below can help you understand the details included in this legal arrangement a little better.

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South Dakota POA Form

FAQs About South Dakota Power of Attorney Forms

It is important to have a good understanding of what South Dakota Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

Where Can I Get a Power of Attorney in South Dakota?

It is possible to create your own South Dakota Power of Attorney easily online with our contract maker. Alternatively, you can find templates for certain types of POA at your local DMV or Department of Revenue office or can pay to have a legal expert draft and complete your document.

Does a Power of Attorney in South Dakota Need to Be Notarized?

Yes, South Dakota Powers of Attorney require a notary public to oversee the signing of the document by the Principal and Agent. Additionally, 2 witnesses must also be present when a Medical POA is signed in order to legally validate the agreement.

What is the Difference Between a General and a Durable Power of Attorney in South Dakota?

The big difference between a General Power of Attorney and a Durable Power of Attorney is when the powers can and cannot be used. When you create your South Dakota Power of Attorney as a General POA, its powers can only be used by the agent until they are withdrawn or the Principal becomes incapacitated.

Durable POAs on the other hand can continue to be used after the Principal is incapacitated. This makes them much better documents for estate planning in later life or to provide for medical necessities.

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South Dakota POA Form

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SOUTH DAKOTA POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in SDCL chapter 59-12.

This power of attorney does not authorize the agent to make health-care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately, unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the SDCL chapter 59-12:

(INITIAL each subject you want to include in the agent's general authority.)

________ - Real property as defined in § 59-12-26

________ - Tangible personal property as defined in § 59-12-27

________ - Stocks and bonds as defined in § 59-12-28

________ - Commodities and options as defined in § 59-12-29

________ - Banks and other financial institutions as defined in § 59-12-30

________ - Operation of entity or business as defined in § 59-12-31

________ - Insurance and annuities as defined in § 59-12-32

________ - Estates, Trusts, and Other Beneficial Interests as defined in § 59-12-33

________ - Claims and Litigation as defined in § 59-12-34

________ - Personal and Family Maintenance as defined in § 59-12-35

________ - Benefits from governmental programs or civil or military service as defined in § 59-12-36

________ - Retirement plans as defined in § 59-12-37

________ - Taxes as defined in § 59-12-38
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
SPECIAL INSTRUCTIONS
My Agent is entitled to reasonable compensation for services rendered as my Agent.
My Agent will be entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
EFFECTIVE DATE
(INITIAL if you wish for the agent to have authority immediately.)

(________) This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURES

Dated ____________________, _____, at _________, South Dakota.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date

NOTARY ACKNOWLEDGMENT

State of South Dakota
_________ County



This document was acknowledged before me on _______________.
 (date)



by ___________________________________
     _________


___________________________________
(Seal, if any)



Signature of Notary: __________________________________

My commission expires: _______________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in SDCL chapter 59-12. If you violate SDCL chapter 59-12 or act outside the authority granted, you may be liable for any damages caused by your violation.
In addition to civil liability, failure to comply with your duties and authority granted under this document could subject you to criminal prosecution for grand theft, embezzlement of property received in trust, among other criminal charges.
If the principal is 65 years of age or older, or an adult with a disability, you could also be prosecuted for elder abuse and financial exploitation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
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