A South Dakota power of attorney is a document a principal uses to authorize the agent to represent them before third parties and take action in their interest.
People issue a power of attorney in South Dakota because they are:
Reasons for Authorization
Old and have unstable health
Moving abroad for a significant period of time
Living in a residential care facility and need assistance in taking care of their legal, financial, and other matters
A principal can also use a power of attorney if they want to authorize another person with certain professional knowledge to handle a certain matter. They can also authorize them to
take care of their interests in case they become incapacitated.
Types of Power of Attorney in South Dakota
South Dakota Durable (Statutory) Power of Attorney Requirements
If you want a power of attorney to remain effective in case you become incapacitated, use the South Dakota durable power of attorney. If the principal names their spouse as the agent, it should be noted that the divorce doesn’t automatically terminate the power of attorney.
South Dakota General (Financial) Power of Attorney Requirements
This type of document grants authority to the agent to take all the necessary actions that are in the principal’s interest. Unless otherwise provided, this document also authorizes the agent to represent the principal before all third parties.
South Dakota Limited (Special) Power of Attorney Requirements
To provide the limited list of authorities the agent is allowed to take, a principal can use the South Dakota limited power of attorney. Once the purpose for which the power of attorney was issued is complete, the document will automatically terminate.
South Dakota Parental (Minors) Power of Attorney Requirements
In South Dakota, a parent or guardian who cannot take care of the minor for a period of less than 6 months can use the parental power of attorney. This document grants authority to another person to make health care, education, and other decisions as if they were a guardian or a parent.
South Dakota Medical Power of Attorney Requirements
A principal can use this document to authorize another person to make decisions about their health care if they become unable to do so. This type of document requires additional authorization. Therefore, 2 witnesses or a notary public must acknowledge the principal’s signature.
South Dakota Springing Power of Attorney Requirements
This type of South Dakota power of attorney will remain ineffective until the date or event provided in the document. After the stipulated date or event, the document will “spring” into effectiveness and enable the agent to act.
South Dakota Vehicle Power of Attorney Requirements
By using the South Dakota vehicle power of attorney, you can authorize the agent to:
Scope of Authorization
Buy or sell the vehicle on your behalf.
Apply for or transfer the vehicle title.
Register the vehicle before the South Dakota DOR.
Apply for and obtain loans or financing for the vehicle.
Handle the maintenance of the vehicle.
Operate the vehicle.
South Dakota Revocation Power of Attorney Requirements
If you wish to revoke the previously issued power of attorney, you should use the South Dakota revocation power of attorney. It is important to identify the document you want to revoke by providing the date of issuance and the name of the agent in the revocation power of attorney.
South Dakota Tax Power of Attorney Requirements
A principal can use this power of attorney to authorize their accountant or a tax advisor to represent them before the South Dakota tax authorities. Considering the complexity of the matter the agent will deal with, the principal should choose a person with the necessary professional knowledge as their agent.
South Dakota Real Estate Power of Attorney Requirements
The real estate power of attorney authorizes the agent to complete the real estate transaction on behalf of the principal. The agent can also be granted the authority to manage and maintain the property on behalf of the principal, who is the owner of the real estate property.
Legal Requirements for a Power of Attorney in South Dakota
When drafting the South Dakota power of attorney, make sure it is in line with the following requirements:
Signature. Every South Dakota power of attorney shall be signed by the principal or another person who is directed by the principal. (§ 59-12-4)
Witnesses. A South Dakota medical power of attorney can alternatively be acknowledged by the 2 witnesses or by the notary public.
Notarization. In South Dakota, every power of attorney shall be acknowledged by the notary public or other authorized body.
Mental capacity. When signing a power of attorney, the principal should be able to understand their actions and the consequences of their action.
Who Can Be an Agent for a Power of Attorney in South Dakota?
You can name any person over 18 with the legal capacity to be your agent in South Dakota.
However, you should choose an agent based on their:
Trustworthiness. The agent should be someone you can trust, like a member of your family or a friend.
Location. The agent should be relatively close to the place they need to exercise their authority and have other technical abilities to represent the principal.
Professional knowledge. If you need someone to represent you in legal or tax-related matters, you should choose someone with the necessary knowledge in that field.
How to Create a South Dakota Power of Attorney
Power of Attorney in South Dakota
#1. Decide on Which Type of Document to Use
You should choose the appropriate type of South Dakota power of attorney primarily based on the matter you need someone to handle for you and when you want the document to become effective.
#2. Select an Agent
Choose a person who is at least 18 years old and has legal capacity. Additionally, they should be someone you can trust and who is willing and able to represent you.
#3. Define the Agent’s Powers
In this step, the principal can issue the general power of attorney and authorize the agent to take all the necessary actions and represent the principal before all third parties.
The principal can also issue the limited power of attorney and provide the list of actions the agent is allowed to take, as well as the list of third parties they can interact with on their behalf.
#4. Download & Fill in Our Form
Here you should find the best fitting type of South Dakota power of attorney available on our website, download it, and fill out the necessary information.
#5. Get It Signed & Notarized
Make sure the principal signs the document and the notary public acknowledges the signature.
#6. Safely Store the Original Copy
The original copy of the South Dakota power of attorney should always be in the principal’s possession. Optionally, the agent can also have a copy of the document to prove their capacity to third parties.
#7. Provide Copies to Relevant Parties
You should also provide a copy of the South Dakota power of attorney to any third party the agent interacts with on behalf of the principal.
#8. Update the Document as Needed
If some of the information included in the South Dakota power of attorney changes, you should update the document. The simplest way to do so is to issue a new power of attorney with the updated information and provide that the new power of attorney terminates the old one.
How Long Does a Power of Attorney Last in South Dakota?
The South Dakota power of attorney can become effective the moment the principal signs it, after the date determined in the document as the date it becomes effective, or after some condition provided in the document is met.
The South Dakota power of attorney terminates in the following situations:
Reasons for Termination
If the principal passes away
In case the principal becomes incapacitated (only for non-durable power of attorney)
When the purpose for which the document is issued is completed
After the date determined in the document as the power of attorney termination date
If the agent passes away or becomes incapacitated, and there is no co-agent or successor agent.
South Dakota Power of Attorney FAQ
You should use the power of attorney in any situation where you need someone to act on your behalf. This can happen due to physical or mental illness, old age, traveling abroad, and more.
It gives the agent the authority to take certain actions and to interact with third parties on behalf of the principal.
Yes, in South Dakota, every power of attorney must be notarized by the notary public or other relevant body.
Even if you have already issued a will, you should also make a power of attorney. This is due to the different nature of these two documents. The will administers your property after you pass away, while a power of attorney serves you during your lifetime and terminates automatically after you pass away.