South Dakota Power of Attorney Forms

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South Dakota Power of Attorney Forms

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Last updated September 27th, 2023

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South Dakota power of attorney forms are legal documents that enable residents to assign trusted individuals to represent them in matters financial, medical, and personal. The individual selected should be someone who the principal trusts, a friend or a reliable professional who will be able to carry out whatever actions are necessary with the assignor’s best interests in mind. Regardless of the purpose of the power of attorney, the document must be completed in accordance with the South Dakota State Legislature.

By Type (10)

  1. Advance Directive
  2. Durable
  3. General
  4. Limited
  5. Living Will
  6. Medical
  7. Motor Vehicle (Form 1023)
  8. Minor (Child)
  9. Real Estate
  10. Tax (Form 2848)

Advance Directive – An advance directive is a document that a principal will create when they are of sound mind in order to relay their wishes for medical care once they become incapacitated.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing requirements (§ 59-7-2.1; § 34-12D-2): Two witnesses OR notarization for Medical POA section; two witnesses AND a Notarization for Living Will section

 

Durable Power of Attorney – Gives an agent the power to act on behalf of the principal with regard to financial matters. The authority perpetuates until the principal’s death.

Download: Adobe PDF
Signing requirements (§ 59-12-4): Notarization

 

General (non-durable) Power of Attorney – A general power of attorney provides general authority to an agent to act on behalf of a principal in managing their finances. It does not, however, persist beyond their incapacitation.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing requirements (§ 59-12-4): Notarization

 

Limited Power of Attorney – A limited power of attorney is used to assign an agent to manage a specific aspect of the individual’s finances.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing requirements (§ 59-12-4): Notarization

 

Living Will – A living will is a type of advance directive used to detail the medical treatments and procedures that the principal consents to receiving should they become incapacitated and unable to speak for themselves.

Download: Adobe PDF
Signing requirements (§ 34-12D-2): Two (2) Witnesses AND notarization

 

Medical Power of Attorney – A medical power of attorney is often coupled with a living will. It provides an agent with the authority to oversee the incapacitated principal’s health care and ensure that their wishes are being carried out by the medical professionals on hand.

Download: Adobe PDF
Signing requirements (§ 59-7-2.1): Two (2) witnesses OR notarization

 

Motor Vehicle (Form 1023) Power of Attorney – This enables a representative to title, register, sell, and purchase a vehicle on behalf of the owner.

Download: Adobe PDF
Signing requirements: Notarization

 

Minor (Child) Power of Attorney – This type of power of attorney enables a parent or guardian to grant authority to a third party to temporarily care for their minor child.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing requirements (§ 59-12-4): Notarization

 

Real Estate Power of Attorney – A real estate power of attorney is used to grant authority to an agent to manage real estate transactions on behalf of the principal.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing requirements (§§ 44-8-2, 59-12-4): Notarization

 

Tax (Form 2848) Power of Attorney – A tax power of attorney must be drafted should a tax accountant or other professional be hired to deal with the South Dakota Department of Revenue.

Download: Adobe PDF
Signing requirements: Taxpayer & representative(s)