SD · POA · Updated July 2026 · Free
South Dakota Power of Attorney
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South Dakota at a glance: Governing Law: S.D. Codified Laws § 59-12-1 et seq. (UPOAA) · Notarization: Required · Witnesses: Not statutorily required
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Overview
Powers of Attorney in South Dakota
South Dakota has adopted the Uniform Power of Attorney Act, codified in the South Dakota Codified Laws. A financial POA must be notarized to be valid and is durable by default.
A separate health care directive is required for medical decisions in South Dakota.
Key Facts
South Dakota Power of Attorney — Quick Reference
| Requirement | South Dakota Rule |
|---|---|
| Governing Law | S.D. Codified Laws § 59-12-1 et seq. (UPOAA) |
| Notarization | Required |
| Witnesses | Not statutorily required |
| Default Durability | Durable by default |
| Medical Decisions | Separate health care directive required |
Legal Requirements
South Dakota Legal Requirements
- Must be signed by the principal and acknowledged before a notary public.
- Durable by default under South Dakota's Uniform Power of Attorney Act.
- Agent has fiduciary duties to act in the principal's best interest.
- A separate health care directive is needed for medical decisions.
Governing Laws
South Dakota Governing Laws
S.D. Codified Laws § 59-12-1 et seq.
Uniform Power of Attorney Act
Governs the creation, effect, and termination of powers of attorney in South Dakota.
Read the full text of these laws at Cornell Law School's South Dakota legal resources or your state legislature's official website.
Questions & Answers
South Dakota Power of Attorney — Frequently Asked Questions
Does a South Dakota POA need to be notarized?
Yes. South Dakota requires a financial POA to be acknowledged before a notary public.
Is a South Dakota POA durable by default?
Yes, under South Dakota's Uniform Power of Attorney Act.
Does a South Dakota POA cover healthcare decisions?
No. A separate health care directive is required for medical decisions.