Power of Attorney (Financial) in South Dakota

A financial power of attorney lets you name an agent to handle money and property for you. Many states have their own statutory form and signing rules (notary, witnesses), and banks often ask for that form. Check your state's rules below; if your state has a statutory form, use it.

What South Dakota law says

Power of attorney signing rules	South Dakota adopted the Uniform Power of Attorney Act (SDCL chapter 59-12, enacted in 2020) and provides a Statutory Form Power of Attorney (SDCL 59-12-41). The principal must sign (or direct another person to sign in the principal's conscious presence), and the signature must be acknowledged before a notary. SDCL 59-12-3 makes the agent's authority continue after the principal's disability when the document contains words such as 'This power of attorney shall not be affected by disability of the principal.' Under 59-12-41, a power of attorney to be recorded with the register of deeds is subject to SDCL 43-28-23 and 7-9-1. Source: SDCL 59-12-3, 59-12-4, 59-12-41

Power of attorney signing rules

South Dakota adopted the Uniform Power of Attorney Act (SDCL chapter 59-12, enacted in 2020) and provides a Statutory Form Power of Attorney (SDCL 59-12-41). The principal must sign (or direct another person to sign in the principal's conscious presence), and the signature must be acknowledged before a notary. SDCL 59-12-3 makes the agent's authority continue after the principal's disability when the document contains words such as 'This power of attorney shall not be affected by disability of the principal.' Under 59-12-41, a power of attorney to be recorded with the register of deeds is subject to SDCL 43-28-23 and 7-9-1.

Source: SDCL 59-12-3, 59-12-4, 59-12-41

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FINANCIAL POWER OF ATTORNEY

I, [principal full name], of [principal address], appoint [agent full name], of [agent address], as my agent.

Successor agent (if my agent cannot serve): [successor agent name and address]

My agent may act for me in these matters: [list the powers you grant, e.g. banking, real estate, taxes, benefits, bills]

Limits or special instructions: [any limits, or 'none']

This power of attorney [continues if I become incapacitated (durable) / ends if I become incapacitated], and takes effect [now / on a date or event].

Signed on [date]. Principal signature: ____________________

[Witness signatures and notary acknowledgment, as your state requires]

Agent's acceptance (if your state requires it): ____________________

Power of Attorney (Financial) for other states · South Dakota tenant rights

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.