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South Dakota Durable (Statutory) Power of Attorney Form

A South Dakota durable statutory power of attorney form allows a principal to select another person ("agent") to act in their place for financial-related matters. The designation will last the lifetime of the principal unless revoked. The financial powers given can be broad or limited depending on the principal's preference.
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Updated June 18, 2024

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Signing Requirements

The principal must have their signature acknowledged before a notary public. (§ 59-12-4.)

Laws

Definition of “Durable”

“Durable,” means not terminated by the principal’s incapacity (§ 59-12-1(2)).

Definition of “Power of Attorney”

“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)).

Statutory Form

The South Dakota Legislature has made a statutory power of attorney form available at § 59-12-41.