The South Dakota statutory durable power of attorney enables an agent, or attorney-in-fact, to oversee and manage an individual’s finances. As opposed to a non-durable, general power of attorney, a durable POA ensures that the person assigned as one’s agent is able to continue to control the principal’s assets and property after they’ve become incapacitated. Incapacitation usually means losing the physical or cognitive ability to effectively and accurately communicate one’s intent. It can also refer to incarceration or being outside the country and unable to return.
Agent’s Duties – § 59-12-13
Signing Requirements (§ 59-12-4) – Notary Public
Statutory Form – § 59-12-41
Statute – § 59-12-1
“Durable,” not terminated by the principal’s incapacity;