Free South Dakota Limited Power of Attorney Form

A South Dakota limited power of attorney authorizes an agent to act for you on specific matters. South Dakota’s Uniform Power of Attorney Act, chapter 59-12 of the Codified Laws, governs it, with a few departures from the uniform text. The legislature enacted the chapter in 2020, so documents from before then may follow earlier rules.

Two of South Dakota’s rules differ from what many readers expect.

Notarization Is Required

You sign the document, or someone signs your name in your conscious presence at your direction. Then you acknowledge that signature before a notary public or other authorized official, because the section requires it (SDCL 59-12-4).

Durability Is Not the Default

A South Dakota power of attorney keeps working through your disability only if it contains words to that effect. Examples include “This power of attorney shall not be affected by disability of the principal,” or similar language showing that intent (SDCL 59-12-3). Without them, the document isn’t durable under that section.

A Statutory Form Is Available

The chapter includes a statutory form at SDCL 59-12-41. You initial each subject you want to grant, and the form withholds specific acts, like making a gift, unless you initial them too. Be careful with the “All Preceding Subjects” line, since initialing it grants every listed subject at once.

Recording Standards Apply

The statutory form states that §§ 43-28-23 and 7-9-1 apply to any power of attorney headed for the register of deeds. So a document bound for the land records has extra formatting to meet. The chapter also supplies an agent’s certification form (SDCL 59-12-42) and a revocation form (SDCL 59-12-43).

Yes, a narrow one. For a vehicle whose title is being transferred to an insurer, a power of attorney to apply for or assign the certificate of title is exempt from the notarization requirement. The principal may also sign it electronically (SDCL 59-12-4.1).

That exception doesn’t reach other vehicle sales or any other task. So a South Dakota limited power of attorney for anything beyond an insurer title transfer still needs the notary. The 2023 legislature added the exception, which is why older guides may not mention it.

Decide on durability first, then sign. Here’s the order:

1. Name the task and the account or property involved.
2. Initial only the subjects you want, if you use the statutory form.
3. Add durability wording only if the authority should survive your disability.
4. Fill in the date or event that ends the authority.
5. Sign in front of a notary public, who completes the acknowledgment.
6. Check the register of deeds’ formatting rules if the document will be recorded.

If a bank or title company wants proof that the authority still stands, your agent can complete the chapter’s statutory agent’s certification. That form exists for exactly this situation, so point your agent to it early, before the first bank visit.

Your South Dakota limited power of attorney should settle every default in writing. Include:

• Each party’s legal name and mailing address
• Initials beside only the subjects your task needs
• Survival-past-disability language, if that’s your choice
• The date that closes out the authority
• A notarized signature, since the statute requires one

The statutory form also states that it doesn’t authorize health care decisions. For medical authority, use a separate document. When the task is done, the chapter’s own revocation form gives you a clean way to end the authority.