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South Dakota Durable (Statutory) Power of Attorney Form

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South Dakota Durable (Statutory) Power of Attorney Form

Updated October 10, 2023

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. After signing, the agent may use the form by presenting a copy to any third (3rd) party that requests to view the document.

Table of Contents


Title 59, Chapter 12 (Uniform Power of Attorney Act)

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)).

Signing Requirements

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

Statutory Form

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


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