South Dakota Power of Attorney PDF
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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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.
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 |
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.
South Dakota Governing Laws
Read the full text of these laws at Cornell Law School's South Dakota legal resources or your state legislature's official website.