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South Dakota Statutory Power of Attorney Form

Choose the statutory form’s immediate durable, incapacity-only, or immediate nondurable option; South Dakota does not make every unqualified power durable by default.

Jurisdiction
South Dakota
Purpose
Durable financial
Source / form version
SDCL §59-12-41; source notes Session Law 2020, chapter 214, §41
Resource format
PDF
Signing
Principal signature or directed signature in the principal’s conscious presence, acknowledged before a notary or another authorized officer.
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Sources checked: 2026-11-13. General information, not individual legal advice.

Print the actual statutory form

Section 59-12-41 publishes the complete form, blank appointment fields and agent notices. Its publisher version is an HTML page. Use the printable statutory text with all notices preserved; a reformatted PDF should identify this source and must not suggest that the Legislature supplied the new layout.

Sources: [1] [2] [3]

Select the duration deliberately

The special-instructions section offers three distinct choices: immediate authority continuing during disability, authority beginning only on incapacity, or immediate authority ending on incapacity. Select the intended choice. Section 59-12-3 relies on appropriate continuation language; do not assume an unmarked document automatically provides durable authority.

Sources: [1] [2] [3]

Review powers, coagents and execution

Initial financial subjects and any separately listed specific acts, including gifts, beneficiary changes and electronic-message content. The form uses majority action for coagents unless special instructions change it, and ordinarily permits reasonable compensation. Acknowledgment is required under §59-12-4. Property recording also has formatting requirements separate from simply creating the appointment. Keep the agent-duty notice after the acknowledgment in the same packet. A financial agent should receive the duties as well as the pages granting authority.

Sources: [1] [2] [3]

Common questions

Is the publisher download a PDF?

The verified official source is a printable HTML statute containing the form. A site-generated PDF must be labelled as a formatted copy of that source.

Sources: [1] [2] [3]

Can I make this power stop on incapacity?

The statutory form expressly offers an immediate nondurable option ending on later incapacity; choose the option that matches the intended plan.

Sources: [1] [2] [3]

Related forms and guides

Sources and verification

  1. South Dakota Legislature: source and instructions (opens in a new tab)
  2. SDCL §59-12-3, durability (opens in a new tab)
  3. SDCL §59-12-4, execution (opens in a new tab)

The complete cited statutory form was checked against this printable edition. All substantive words are preserved; blanks and pagination are reformatted. No independent attorney review is claimed.

The date above records a source check. It does not certify that a form is suitable for your circumstances or that an attorney has reviewed your document. Read the publisher’s current instructions before use.