South Dakota Durable (Financial) Power of Attorney Form

An individual who enacts a Power of Attorney (a party referred to as the Principal) must make the choice between two primary types of agreement: a South Dakota Durable (Financial) Power of Attorney and a General Power of Attorney (POA). On the whole, these agreements may contain the same provisions, withstanding those regarding the Principal’s incapacity. A Durable POA will not be affected in the slightest by such circumstances, hence it is called a “durable” type of POA. On the other hand, a General POA will be substantially impacted as it will immediately terminate upon the Principal’s incapacity.

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State Laws & Signing Requirements

State Laws – Title 59, Agency

Signing Requirements (§ 59-6-11) – For a Principal to execute a Durable Power of Attorney, they are required by state law to sign the document. While not mandated, it is strongly recommended the Principal signs their name before  a Notary Public and two (2) witnesses.