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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. Unless revoked, the designation will last the lifetime of the principal, even if the principal becomes incapacitated, making the POA "durable."
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Signing Requirements

The principal must have their signature acknowledged before a notary public.[1]

Powers Granted

A principal may grant their agent authority to make decisions about things like:[2]

  • Real property;
  • Tangible personal property;
  • Stocks and bonds;
  • Commodities and options;
  • Banks and other financial institutions;
  • Operation of entity or business;
  • Insurance and annuities;
  • Estates, trusts, and other beneficial interests;
  • Claims and litigation;
  • Personal and family maintenance;
  • Benefits from governmental programs or civil or military service;
  • Retirement plans;
  • Taxes; and
  • Gifts.

Certain authority, like changing a trust or making gifts, must be specifically granted by the principal.[3]

“Durable” Definition

“Durable,” means not terminated by the principal’s incapacity.[4]

“Power of Attorney” 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.[5]

Revocation

A power of attorney terminates when:[6]

  • The principal dies;
  • The principal becomes incapacitated, if the power of attorney is not durable;
  • The principal revokes the power of attorney;
  • The power of attorney provides that it terminates;
  • The purpose of a limited or special power of attorney is accomplished;
  • The principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns; or
  • A court appoints a fiduciary.

An agent’s authority terminates when:

  • The principal revokes the authority;
  • The agent dies, becomes incapacitated, or resigns;
  • The principal and agent divorce or legally separate, unless the power of attorney otherwise provides; or
  • The power of attorney terminates.

Statutory Form

Yes, the State of South Dakota has a statutory form.[7]

Sample

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