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Free South Dakota Power of Attorney Template

A South Dakota power of attorney (POA) lets you appoint someone you trust to make financial, legal, or personal decisions on your behalf. Whether you’re planning for travel, illness, or long-term care, this document ensures your wishes are followed under South Dakota law.

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  • Duration 2 min
  • Download as PDF and Word
  • E-sign included

Written by Josh Sainsbury | Attorney-Reviewed by Harvey Barbee, J.D.

How It works?

1

Answer a Few Questions

Add your name, your agent’s details, and specify what powers to grant.

2

Customize Your Form

Our step-by-step builder ensures your South Dakota POA meets all state requirements.

3

Download and Sign

Print and sign before a notary public or witnesses, depending on your POA type.

Table of Contents

  1. What Is a South Dakota Power of Attorney?
  2. Types of Power of Attorney in South Dakota
  3. How to Write a Power of Attorney for South Dakota
  4. Legal Requirements and Considerations for South Dakota POAs

What Is a South Dakota Power of Attorney?

A South Dakota power of attorney (POA) lets you authorize another person (your agent) to act on your behalf for financial, medical, or legal decisions. It’s commonly used for estate planning, healthcare choices, or when you’re unavailable to manage personal or business affairs.

The person granting authority is the principal, and the person receiving it is the agent. 

Under South Dakota Codified Laws Title 59, Chapter 12, a POA must be created while the principal is of sound mind. It becomes invalid if signed after the principal is incapacitated.

Types of Power of Attorney in South Dakota

South Dakota recognizes several POA types depending on how much authority you want to grant and for how long.

TypeWhat It DoesSigning/Notarization Requirements
Durable (Financial)Authorizes your agent to manage financial and property matters. Remains valid even if you become incapacitated.Notary public (SDCL § 59-12-4, § 59-12-42)
Non-Durable (General)Grants broad powers but ends if you become incapacitated. Commonly used for short-term financial tasks.Notary public (§ 59-12-4, § 59-12-42)
MedicalAllows an agent to make healthcare decisions on your behalf if you can’t.Notary public and two witnesses (SDCL § 59-7-2.1)
Limited (Special)Grants authority for specific actions or time periods, such as signing one contract or handling a single account.Principal signature only (SDCL § 59-6-11)
Real EstateLets your agent buy, sell, or manage property in your name.Notary public
Vehicle (Form 1023)Allows an agent to act for DMV-related tasks like titling or registration.Notary public
Tax (Form RV-071)Authorizes an agent to handle tax filings with the Department of RevenuePrincipal, agent, and notary public
Minor (Child)Temporarily delegates decision-making about a child’s care, education, or health.Notary public
RevocationCancels a previously granted POA and removes your agent’s authority.Notary public

How to Write a Power of Attorney for South Dakota

You can create a valid South Dakota POA without an attorney by following these steps:

  1. Name the principal and agent: Clearly list the full legal names and contact details of both parties. You may name one or more co-agents or successor agents under SDCL § 59-12-10.
  2. Define the authority: Specify what powers the agent will have—managing finances, property, or healthcare, for example.
  3. Determine the duration: State when the POA takes effect and when it ends. Durable POAs remain valid after incapacity, while non-durable ones end automatically.
  4. Add any special instructions: Limit or clarify your agent’s authority. For example, restrict property sales or investment management.
  5. Sign and notarize: The principal must sign the POA before a notary public, as required by SDCL § 59-12-4. The agent should also sign to accept the appointment and confirm their commitment to act in your best interest.

Legal Requirements and Considerations for South Dakota POAs

Execution

The principal must sign or direct someone to sign in their conscious presence. The document must be notarized to be valid under SDCL § 59-12-4.

Durability

A POA is not durable by default. To make it durable, the document must clearly state that it remains effective even if the principal becomes incapacitated (SDCL § 59-12-3).

Filing

If your POA covers real estate transactions, record it with your local county register of deeds to ensure your agent’s authority is recognized.

Revocation

You may revoke a POA at any time by destroying the original, notifying the agent, and drafting a written revocation form. A South Dakota revocation of power of attorney provides legal proof of cancellation.

Termination

A POA automatically ends when:

  • The principal dies or becomes incapacitated (if non-durable)
  • The purpose of the POA is completed
  • The agent resigns or is unable to serve
  • A court invalidates the POA
  • The principal revokes it

If your spouse is named as your agent, their authority ends upon divorce or legal separation unless stated otherwise.