South Dakota Power of Attorney Forms
The South Dakota Power of Attorney Forms regulate an arrangement between a Principal (an individual who willingly chooses to delegate their decision making powers over one or many areas) and an Agent (an individual or entity who agrees to absorb such powers to act on the Principal’s behalf). A Principal may tailor the document to fit their specific needs, so long as it remains compliant with relevant state laws. For instance, they may specify the circumstances in which the Power of Attorney will come into effect and when, if ever, it will terminate.
What is a South Dakota Power of Attorney?
A South Dakota Power of Attorney is a contract, applicable in the state of South Dakota, that authorizes a legal arrangement wherein an Agent is elected by an individual known as the Principal to perform particular actions in their stead. While a Power of Attorney (POA) may be all-encompassing, it is usually in the Principal’s best interests to refine the terms of the contract. As drafting this legal document from scratch can be incredibly complicated, a principal may select from the range of POA types set out below.
- South Dakota Power of Attorney Laws – (Title 59, “Agency”)
- State Definition of Agency (Power of Attorney) (§ 59-1-1) – “the representation of one called the principal by another called the agent in dealing with third persons.”
- Signing Requirements
- General Power of Attorney (§ 59-6-11) – The only state-mandated signing requirement is for the Principal to sign the POA. It is advisable that such a signature takes place before a Notary Public and two (2) witnesses.
- Durable and Medical Power of Attorney (RS 28:224) – Must be signed by the Principal (or in their conscious presence by another individual they direct to sign their name) and witnessed by two (2) other adult individuals or by a Notary Public.
Durable (Financial) Power of Attorney – For a principal to cement their decision, in law, for the conditions of their power of attorney to endure in the event of their death or incapacitation, they must make use of a Durable type of POA.
General (Financial) Power of Attorney – Places legal responsibility on an agent to exercise the powers he or she is granted by the principal only so long as the principal is in a legally capable state.
Limited (Special) Power of Attorney – Grants permission, and in some cases, access to sensitive information, to an agent so that they have the legal ability to act on the principal’s behalf only in the special circumstances that have been described within the pages of this document.
Medical Power of Attorney – Any individual can easily make their end-of life wishes known, such as their choice to be or not be resuscitated, by writing them down in a Medical Power of Attorney form.
Minor Child Power of Attorney – This document formulates an agreement for an agent appointed by a parent/guardian to perform certain responsibilities on their behalf that are tied to the care of their child/children.
Motor Vehicle Power of Attorney (Form MV-008) – Individuals must complete Form MV-008 to apply to the South Dakota Department of Revenue, Division of Motor Vehicles to “designate power of attorney to make application for or to assign a Certificate of Title.”
Download – Adobe PDF
Real Estate (Property) Power of Attorney – Property ownership encompasses a number of time-consuming tasks that an individual can delegate to another trusted party using this form.
Revocation of Power of Attorney – Circumstances may arise that prompt a principal to terminate a POA. To put their decision into effect, they must complete this form.
State Tax Filing Power of Attorney (Form 1285) – Once a signed copy of Form 1285 is returned to the South Dakota Department of Revenue, the authority an individual wishes to grant to another party to represent them before the Department will come into effect.
Download – Adobe PDF
When is it Effective?
State law, namely, § 59-6-11, only requires the signature of the Principal on a General Power of Attorney form. Although not mandatory, it is strongly advised that the Principal signs the POA before a Notary Public and in the presence of two (2) disinterested witnesses.
In order for both a Durable Power of Attorney and a Medical Power of Attorney to be effective, it is a requirement, as per RS 28:224, that the Principal signs the POA, and the signature is witnessed by two (2) other adult individuals or by a Notary Public. The Principal may choose to direct another individual to sign their name for them, so long as the signing takes place in their conscious presence.