South Dakota Power of Attorney Requirements
South Dakota powers of attorney are governed by SDCL chapter 59-12, enacted in 2020 and built on the Uniform Power of Attorney Act framework. This page covers how the document has to be signed in South Dakota.
South Dakota requirements
- SDCL 59-12-4 requires the power of attorney to be signed by the principal, or by another individual in the principal's conscious presence at the principal's direction.
- Notarization is mandatory in South Dakota: SDCL 59-12-4 states the signature shall be acknowledged before a notary public or another individual authorized by law to take acknowledgments.
- Durability is not automatic. SDCL 59-12-3 recognizes a durable power of attorney when the document says the power is not affected by the principal's disability, or becomes effective on disability, or uses similar words showing that intent, so keep that sentence in the document.
- SDCL 59-12-4 does not list a witness requirement. If a bank, title company or care facility asks for witnesses, add them, and confirm what that institution needs before signing.
- SDCL 59-12-41 sets out a statutory form power of attorney, with an agent certification at 59-12-42 and a revocation form at 59-12-43. Our template is a general-purpose alternative to that statutory form.
- Under SDCL 59-12-5, a power of attorney signed in South Dakota on or after July 1, 2020 is valid if it complies with 59-12-4, and a photocopy or electronically transmitted copy has the same effect as the original unless other law says otherwise.
Frequently asked questions
Does a South Dakota power of attorney have to be notarized?
Yes. SDCL 59-12-4 requires the signature to be acknowledged before a notary public or another individual authorized by law to take acknowledgments, so sign in front of the notary rather than beforehand.
Do I have to add special wording to make it durable?
Plan on it. SDCL 59-12-3 describes a durable power of attorney as one containing words showing the authority survives the principal's disability or incapacity, so keep that sentence in the document and confirm the wording against the current text on the South Dakota Legislature site.
Official sources
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