The South Dakota Durable (Financial) Power of Attorney enforces a legal commitment to endow authority for an individual to manage and represent another’s financial interests. The “durable” contract further ensures that the powers granted stay active even after the granting principal should enter a continuous unconscious or vegetative state. The form can be amended to issue agency to an attorney-in-fact on an as-needed basis, allowing the declarant to issue exclusive rights to only the choice designated areas of financial/legal ownership or representation. When the principal signs their initials to each category in the section labeled “General Grant of Authority”, it will legally indicate approval for the agent to gain permissions for that particular area. Once the form is filled to the satisfaction of the principal, all participating parties can endorse the document with the help of a supervising notary official to conclude the transaction.
Laws
Statute – South Dakota Uniform Power of Attorney Act ( § 59-12-1 – § 59-12-43)
Definition – “Durable,” not terminated by the principal’s incapacity (§ 59-12-1(2)).
Signing Requirements – A notary must be present when signing for verification purposes (§ 59-12-4).
Other Versions (3)
Download: Adobe PDF
Download: Adobe PDF, MS Word (.docx)
South Dakota Durable (Financial) Power of Attorney – Version 1
Download: Adobe PDF
Additional Resources
- South Dakota Attorney General – Durable Power of Attorney
- South Dakota Law Help – Durable Power of Attorney
Related Forms
Advance Directive (Medical POA & Living Will)
Download: Adobe PDF
General (Financial) Power of Attorney
Download: Adobe PDF, MS Word (.docx)