A South Dakota minor (child) power of attorney allows a parent or guardian to arrange a temporary guardian for their child. This is commonly used when the parent or guardian cannot be present to care for their child, whether due to hospitalization, military deployment, incarceration, or another circumstance that conflicts with their parental duties.

The temporary guardian, also known as the “attorney-in-fact,” is entrusted to provide the same care as a parent normally would and ensure the child’s overall well-being. The powers can be made non-durable, meaning they are voided by the incapacitation of the parent. Whether durable or non-durable, the authorization granted in this form expires after a term of six (6) months or upon the set expiration date.

Laws – § 29A-5-210

Agent’s Duties – § 29A-5-401

Signing Requirements (§ 59-12-4) – Notary Public

Expiration (§ 29A-5-210) – Six (6) Months