South Dakota Minor (Child) Power of Attorney Form

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A South Dakota minor (child) power of attorney allows a parent or guardian to arrange a temporary guardian for their child. This type of POA is implemented when the parent is away or otherwise unable to care for their child for a limited period of time. The guardian, or “attorney-in-fact,” is entrusted to make parental decisions for the child for the duration of their appointment.

South Dakota Minor (Child) Power of Attorney Form

A South Dakota minor (child) power of attorney allows a parent or guardian to arrange a temporary guardian for their child. This type of POA is implemented when the parent is away or otherwise unable to care for their child for a limited period of time. The guardian, or “attorney-in-fact,” is entrusted to make parental decisions for the child for the duration of their appointment.

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Last updated July 17th, 2024

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A South Dakota minor (child) power of attorney allows a parent or guardian to arrange a temporary guardian for their child. This type of POA is implemented when the parent is away or otherwise unable to care for their child for a limited period of time. The guardian, or “attorney-in-fact,” is entrusted to make parental decisions for the child for the duration of their appointment.

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Laws

Signing Requirements – Both the parent/guardian and attorney-in-fact must sign the minor POA and those signatures must be notarized.[1]
Deployed Servicemembers – Members of a uniformed service who are to be deployed (more than 90 days but under 18 months) may give temporary custody of their child to a non-parent through a power of attorney. This POA must be filed with a court that enforces custodial responsibility.[2]

Sample

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SOUTH DAKOTA MINOR CHILD POWER OF ATTORNEY

1. For the Minor named [CHILD’S NAME], born on [MM/DD/YYYY] (hereinafter known as the “Minor”), I, [PARENT’S NAME], the ☐ Parent or ☐ Court Appointed Guardian with a street address of [PARENT’S ADDRESS],And I, [CO-PARENT’S NAME], the ☐ Parent or ☐ Court Appointed Guardian with a street address of [CO-PARENT’S ADDRESS],

2. Hereby appoint [ATTORNEY-IN-FACT’S NAME] as the Attorney-in-Fact for the Minor who is their [RELATION TO CHILD] with a street address of [ATTORNEY-IN-FACT’S ADDRESS] (hereinafter referred to as the “Attorney-in-Fact”).

3. I/We delegate to the Attorney-in-Fact the authority to [DESCRIBE AUTHORITY].

4. This power of attorney document shall commence on [MM/DD/YYYY] and end on:

A. [INITIAL] ☐ – [MM/DD/YYYY].
B. [INITIAL] ☐ – In the event of my disability (incapacitation).
C. [INITIAL] ☐ – In the event of my death.

This document can be terminated at any time by completing a revocation or by creating a new minor power of attorney form.

5. This power of attorney shall be governed under the laws in the State of Delaware and terminates any prior written form.

Parent/Guardian Signature: _______________ Date: _______
Print Name: _______________

Parent/Guardian Signature: _______________ Date: _______
Print Name: _______________

ACCEPTANCE BY ATTORNEY-IN-FACT

The undersigned Attorney-in-Fact acknowledges and executes this Power of Attorney, and by such execution does hereby affirm that I: (A) accept the appointment; (B) understand the duties under the Power of Attorney and under the law.

Attorney-in-fact Signature: _______________________ Date: ______________
Print Name: _______________________

NOTARY ACKNOWLEDGMENT

State of Delaware
County of _______________, ss.

On _______, before me appeared _______________, as the Parent(s)/Court Appointed Guardian(s) who proved to me through government-issued photo identification to be the above-named person(s), who in my presence executed the foregoing instrument and acknowledged that (s)he executed the same as his/her free act and deed.

Notary Signature: _______________
Print Name: _______________
My Commission Expires: _______ (Notary Seal)

Sources

    1. § 59-12-4
    2. § 25-4B-205