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South Dakota Springing Power of Attorney Form

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Updated May 19, 2026

A South Dakota springing power of attorney is a document created by an individual (the principal) that authorizes another person (an agent) to manage the principal's personal and business affairs. The authorization becomes effective at a specific date, when the principal becomes incapacitated, or upon another pre-defined future event.

Permitted in South Dakota?

Yes, a power of attorney may include language that makes it effective at a future date or once a specified future event takes place.[1]

Signing Requirements

The principal or another individual at the direction of the principal must sign before a notary public or other official authorized to take acknowledgments.[2]

“Incapacity” Definition

“Incapacity” means inability of an individual to manage property, business, or financial affairs because the individual:

(a) Has an impairment or other deficit in the ability to receive and evaluate information or to make or communicate any decision even with the use of technological assistance; or
(b) is:

(i) Missing or has disappeared;
(ii) Detained, including incarcerated in a penal system; or
(iii) Outside the United States and unable to return.[3]