Power of Attorney in South Dakota
What a South Dakota power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: South Dakota has adopted the Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction), and the signature must be acknowledged before a notary public or other officer… SDCL 59-12-3; SDCL 59-12-4; SDCL 59-12-41
| Financial power of attorney | South Dakota has adopted the Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction), and the signature must be acknowledged before a notary public or other officer authorized to take acknowledgments. Witnesses are not required. A power of attorney is durable only if it contains words such as 'This power of attorney shall not be affected by disability of the principal' or 'shall become effective upon the disability of the principal,' or similar words showing that intent. A statutory form may be used. |
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| Health care directive | A competent adult may sign a living will declaration about withholding or withdrawing life-sustaining treatment; it must be signed by the declarant (or another at the declarant's direction) and either witnessed by two adults or notarized, and must state the person's wishes about artificial nutrition and hydration. The statute provides an optional sample form. A durable power of attorney for health care, naming an agent to make health care decisions while the person lacks capacity, must be signed by the principal (or another at the principal's direction in the principal's conscious presence) and witnessed by two other adults or a notary public. The living will signing statute was amended in 2023. |
| Official power of attorney forms | South Dakota law lets a principal name an attorney-in-fact (agent) with authority to make health care decisions through a durable power of attorney for health care, including consenting to, rejecting or withdrawing consent for any care, service or procedure. It must be signed by the principal, and the signature must be witnessed by two other adults or by a notary public (SDCL 59-7-2.1). Source: SDCL 59-7-2.1 |
More South Dakota estate law
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- How to Make a Valid Will in South Dakota
- How Probate Works in South Dakota
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FAQ
What are the requirements for a power of attorney in South Dakota?
South Dakota has adopted the Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction), and the signature must be acknowledged before a notary public or other officer authorized to take acknowledgments. Witnesses are not required. A power of attorney is durable only if it contains words such as 'This power of attorney shall not be affected by disability of the principal' or 'shall become effective upon the disability of the principal,' or similar words showing that intent. A statutory form may be used.
What are the requirements for a health care directive in South Dakota?
A competent adult may sign a living will declaration about withholding or withdrawing life-sustaining treatment; it must be signed by the declarant (or another at the declarant's direction) and either witnessed by two adults or notarized, and must state the person's wishes about artificial nutrition and hydration. The statute provides an optional sample form. A durable power of attorney for health care, naming an agent to make health care decisions while the person lacks capacity, must be signed by the principal (or another at the principal's direction in the principal's conscious presence) and witnessed by two other adults or a notary public.
Where can I get a power of attorney form in South Dakota?
South Dakota law lets a principal name an attorney-in-fact (agent) with authority to make health care decisions through a durable power of attorney for health care, including consenting to, rejecting or withdrawing consent for any care, service or procedure. It must be signed by the principal, and the signature must be witnessed by two other adults or by a notary public (SDCL 59-7-2.1).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.