Design and create a comprehensive South Dakota Power of Attorney (POA) tailored to your needs and state’s requirements with the help of step-by-step guidance and expert customizable form
Last Update March 24th, 2023
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- Power of Attorney (POA) Forms
- South Dakota Power of Attorney (POA) Form
- Types of Power of Attorney in South Dakota
- How to Get a Power of Attorney in South Dakota
- South Dakota Power of Attorney Requirements
- South Dakota Power of Attorney Sample
- FAQs About South Dakota Power of Attorney Forms
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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:
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.
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.
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:
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:
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.
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.