South Dakota General (Financial) Power of Attorney Form

The South Dakota General (Financial) Power of Attorney (POA) contrasts to a Durable POA due to one notable feature—unlike a Durable POA, it will not continue if the creator of it (legally referred to as the Principal) becomes disabled or incapacitated after the document has been executed. Consequently, any decision making powers bestowed to the Agent/s nominated by the Principal to act on their behalf will be also retracted. In short, this makes a General Power of Attorney fitting for an individual who does not seek for it to continue when they are not in a capable state to communicate their own wishes.

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State Laws & Signing Requirements

State Laws – Title 59, Agency

Signing Requirements – The law is silent on the matter of signing requirements for a General Power of Attorney. However, it is advised that the Principal signs the Power of Attorney before two (2) witnesses and a Notary Public.