The presented documents below supply several distinct forms to cater to the situation where the distribution of authority is required. The advance directive is generally carried out as a preemptive effort to secure the principal’s wishes concerning possible future medical needs should they no longer communicate their needs. Agreements can be issued to cover a range of specified areas such as taxes, financial holdings, legal proceedings, and minor guardianship. Board or limited access can be determined within each form to decree the attorney-in-fact’s purview concerning the allocation of permissions. The gained agency can be instated either immediately or upon the declarant’s incapacitation (durable) and revoked by completing a revocation of power of attorney upon request.
Laws
Statutes – South Dakota Uniform Power of Attorney Act (§ 59-12-1 – § 59-12-43)
Definition – “Power of attorney,” a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term, power of attorney, is used (§ 59-12-1(7)).
Signing Requirements – A notary is required to be on-site to witness and confirm the execution of the contract (§ 59-12-4).
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Creates agency for an alternate designee to make health care decisions on behalf of an individual. The form also records the wishes concerning treatment options should the principal become incapacitated.
Download: PDF
Signing Requirements: Acknowledgement by a notary and two (2) viable witnesses mandated by the state of South Dakota (§ 34-12D-2).
Durable (Financial) Power of Attorney – Produces an accord to provide controls over selected financial holdings to an assigned attorney-in-fact. The powers bestowed remain in effect even after the incapacity of the declarant occurs.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by a notary is necessitated to adequately verify the arrangement.
General (Financial) Power of Attorney – Permits the issuance of select privileges for a designated person to represent another regarding choice financial matters.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement will be required to effectively grant the authority and finalize the arrangement.
Limited (Special) Power of Attorney – Gives an appointed agent access to a fixed amount of stipulated rights to act on behalf of another.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement will need to be performed by a notary professional as an appropriate certification of the recorded signatures.
Minor Child Power of Attorney – Temporarily responsibilities to care for a child and parental controls to a nominated agent.
Download: PDF
Signing Requirements: Acknowledgement from an administrative notary is obligatory to create legal standing.
Motor Vehicle Power of Attorney – Applies an extension of rights from an owning party to another for transactions connected to the vehicle.
Download: PDF
Signing Requirements: Acknowledgement through proper notarization by a licensed official is compulsory to enforce the agreement.
Real Estate Power of Attorney – Reinforces the commitment to endow stipulated permissions for another to manage real estate holdings on behalf of an owning principal.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment by a notary official is obligated to officiate the legal arrangement.
Revocation of Power of Attorney – A paper register used to support the cancellation of a currently instated power of attorney agreement.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by notary required to apply revocation.
Tax Power of Attorney – Sustains legal enforcement obtained in granting state tax representation authority to another within a written transcript.
Download: PDF
Signing Requirements: Acknowledgement from an authorized notary public will have to testify to the proper completion by affixing their signature.
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